Full Text of HB4311 94th General Assembly
HB4311ham002 94TH GENERAL ASSEMBLY
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Elections & Campaign Reform Committee
Filed: 2/1/2006
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09400HB4311ham002 |
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LRB094 13917 RLC 55036 a |
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| AMENDMENT TO HOUSE BILL 4311
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| AMENDMENT NO. ______. Amend House Bill 4311, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Election Code is amended by changing | 6 |
| Sections 3-1 and 3-5 as follows:
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| (10 ILCS 5/3-1) (from Ch. 46, par. 3-1)
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| Sec. 3-1. Voter eligibility.
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| (a) Except as provided in subsection (b) of this Section, | 10 |
| every
Every person (i) who has resided in this State and in the
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| election district 30 days next preceding any election therein, | 12 |
| or (ii) who
has resided in and is registered to vote from the | 13 |
| election district 30 days
next preceding any election therein | 14 |
| and has moved to another election district
in this State within | 15 |
| said 30 days and has made and subscribed to the affidavit
| 16 |
| provided in paragraph (b) of Section 17-10 of this Act, or | 17 |
| (iii) who has
resided in and is registered to vote from the | 18 |
| election district 30 days next
preceding any election therein | 19 |
| and has not moved to another residence but whose
address has | 20 |
| changed as a result of implementation of a 9-1-1 emergency
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| telephone system and has made and subscribed to the affidavit | 22 |
| provided in
subsection (a) of Section 17-10, and who
is a | 23 |
| citizen of the United States, of the age of 18 or more years is
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| entitled to vote at such election for all offices and on all
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| propositions. Any military establishment within the boundaries | 2 |
| of
Illinois is "in this State" even though the government of | 3 |
| the United
States may have exclusive jurisdiction over such | 4 |
| establishment.
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| (b) A person convicted of a sex offense as defined in | 6 |
| Section 2 of the Sex Offender Registration Act that is a felony | 7 |
| and that is committed on or after the effective date of this | 8 |
| amendatory Act of the 94th General Assembly is ineligible to | 9 |
| vote at any election during the duration of the sex offender's | 10 |
| natural life.
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| (Source: P.A. 90-664, eff. 7-30-98.)
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| (10 ILCS 5/3-5) (from Ch. 46, par. 3-5) | 13 |
| Sec. 3-5. Voting by offender.
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| (a) No person who has been legally convicted, in this
or | 15 |
| another State or in any federal court, of any crime, and
is | 16 |
| serving a sentence of confinement in any penal institution,
or | 17 |
| who has been convicted under any section of this Act and is
| 18 |
| serving a sentence of confinement in any penal institution,
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| shall vote, offer to vote, attempt to vote or be permitted
to | 20 |
| vote at any election until his release from confinement.
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| Confinement for purposes of this Section shall include any
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| person convicted and imprisoned but granted a furlough as
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| provided by Section 3-11-1 of the "Unified Code of | 24 |
| Corrections",
or admitted to a work release program as provided | 25 |
| by Section
3-13-2 of the "Unified Code of Corrections". | 26 |
| Confinement shall
not include any person convicted and | 27 |
| imprisoned but released on parole.
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| Confinement or detention in a jail pending acquittal or
| 29 |
| conviction of a crime is not a disqualification for voting. | 30 |
| (b) In addition to the limitations on voting under | 31 |
| subsection (a), a person who has been convicted of a sex | 32 |
| offense as defined in Section 2 of the Sex Offender | 33 |
| Registration Act that is a felony and that is committed on or |
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| after the effective date of this amendatory Act of the 94th | 2 |
| General Assembly is ineligible to vote for the duration of his | 3 |
| or her natural life.
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| (Source: P.A. 94-637, eff. 1-1-06.)
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| Section 10. The Criminal Code of 1961 is amended by | 6 |
| changing Section 11-9.3 as follows:
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| (720 ILCS 5/11-9.3)
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| Sec. 11-9.3. Presence within school zone by child sex
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| offenders prohibited.
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| (a) It is unlawful for a child sex offender to knowingly be | 11 |
| present in any
school building, on real property comprising any | 12 |
| school, or in any conveyance
owned, leased, or contracted by a | 13 |
| school to transport students to or from
school or a school | 14 |
| related activity when persons under the age of 18 are
present | 15 |
| in the building, on the grounds or in
the conveyance, unless | 16 |
| the offender is a parent or guardian of a student attending the | 17 |
| school and the parent or guardian is: (i) attending a | 18 |
| conference at the school with school personnel to discuss the | 19 |
| progress of his or her child academically or socially, (ii) | 20 |
| participating in child review conferences in which evaluation | 21 |
| and placement decisions may be made with respect to his or her | 22 |
| child regarding special education services, or (iii) attending | 23 |
| conferences to discuss other student issues concerning his or | 24 |
| her child such as retention and promotion and notifies the | 25 |
| principal of the school of his or her presence at the school or | 26 |
| unless the
offender has permission to be present from the
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| superintendent or the school board or in the case of a private | 28 |
| school from the
principal. In the case of a public school, if | 29 |
| permission is granted, the
superintendent or school board | 30 |
| president must inform the principal of the
school where the sex | 31 |
| offender will be present. Notification includes the
nature of | 32 |
| the sex offender's visit and the hours in which the sex |
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| offender will
be present in the school. The sex offender is | 2 |
| responsible for notifying the
principal's office when he or she | 3 |
| arrives on school property and when he or she
departs from | 4 |
| school property. If the sex offender is to be present in the
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| vicinity of children, the sex offender has the duty to remain | 6 |
| under the direct
supervision of a school official. A child sex | 7 |
| offender who violates this
provision is
guilty of a Class 4 | 8 |
| felony.
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| Nothing in this Section shall be construed to infringe upon | 10 |
| the constitutional right of a child sex offender who committed | 11 |
| the offense before the effective date of this amendatory Act of | 12 |
| the 94th General Assembly or who committed a misdemeanor sex | 13 |
| offense on or after the effective date of this amendatory Act | 14 |
| of the 94th General Assembly to be present in a school building | 15 |
| that is used as a polling place for the purpose of voting.
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| (1) (Blank; or)
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| (2) (Blank.)
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| (b) It is unlawful for a child sex offender to knowingly | 19 |
| loiter within 500 feet of a school building or real property | 20 |
| comprising any school
while persons under the age of 18 are | 21 |
| present in the building or on the
grounds,
unless the offender | 22 |
| is a parent or guardian of a student attending the school and | 23 |
| the parent or guardian is: (i) attending a conference at the | 24 |
| school with school personnel to discuss the progress of his or | 25 |
| her child academically or socially, (ii) participating in child | 26 |
| review conferences in which evaluation and placement decisions | 27 |
| may be made with respect to his or her child regarding special | 28 |
| education services, or (iii) attending conferences to discuss | 29 |
| other student issues concerning his or her child such as | 30 |
| retention and promotion and notifies the principal of the | 31 |
| school of his or her presence at the school or has permission | 32 |
| to be present from the
superintendent or the school board or in | 33 |
| the case of a private school from the
principal. In the case of | 34 |
| a public school, if permission is granted, the
superintendent |
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| or school board president must inform the principal of the
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| school where the sex offender will be present. Notification | 3 |
| includes the
nature of the sex offender's visit and the hours | 4 |
| in which the sex offender will
be present in the school. The | 5 |
| sex offender is responsible for notifying the
principal's | 6 |
| office when he or she arrives on school property and when he or | 7 |
| she
departs from school property. If the sex offender is to be | 8 |
| present in the
vicinity of children, the sex offender has the | 9 |
| duty to remain under the direct
supervision of a school | 10 |
| official. A child sex offender who violates this
provision is
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| guilty of a Class 4 felony.
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| (1) (Blank; or)
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| (2) (Blank.)
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| (b-5) It is unlawful for a child sex offender to knowingly | 15 |
| reside within
500 feet of a school building or the real | 16 |
| property comprising any school that
persons under the age of 18 | 17 |
| attend. Nothing in this subsection (b-5) prohibits
a child sex | 18 |
| offender from residing within 500 feet of a school building or | 19 |
| the
real property comprising any school that persons under 18 | 20 |
| attend if the
property is owned by the child sex offender and | 21 |
| was purchased before the
effective date of this amendatory Act | 22 |
| of the 91st General Assembly.
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| (c) Definitions. In this Section:
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| (1) "Child sex offender" means any person who:
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| (i) has been charged under Illinois law, or any | 26 |
| substantially similar
federal law
or law of another | 27 |
| state, with a sex offense set forth in
paragraph (2) of | 28 |
| this subsection (c) or the attempt to commit an | 29 |
| included sex
offense, and:
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| (A) is convicted of such offense or an attempt | 31 |
| to commit such offense;
or
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| (B) is found not guilty by reason of insanity | 33 |
| of such offense or an
attempt to commit such | 34 |
| offense; or
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| (C) is found not guilty by reason of insanity | 2 |
| pursuant to subsection
(c) of Section 104-25 of the | 3 |
| Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
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| (D) is the subject of a finding not resulting | 6 |
| in an acquittal at a
hearing conducted pursuant to | 7 |
| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged | 9 |
| commission or attempted commission
of such | 10 |
| offense; or
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| (E) is found not guilty by reason of insanity | 12 |
| following a hearing
conducted pursuant to a | 13 |
| federal law or the law of another state | 14 |
| substantially
similar to subsection (c) of Section | 15 |
| 104-25 of the Code of Criminal Procedure
of 1963 of | 16 |
| such offense or of the attempted commission of such | 17 |
| offense; or
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| (F) is the subject of a finding not resulting | 19 |
| in an acquittal at a
hearing
conducted pursuant to | 20 |
| a federal law or the law of another state | 21 |
| substantially
similar to subsection (a) of Section | 22 |
| 104-25 of the Code of Criminal Procedure
of 1963 | 23 |
| for the alleged violation or attempted commission | 24 |
| of such offense; or
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| (ii) is certified as a sexually dangerous person | 26 |
| pursuant to the
Illinois
Sexually Dangerous Persons | 27 |
| Act, or any substantially similar federal
law or the | 28 |
| law of another state, when any conduct giving rise to | 29 |
| such
certification is committed or attempted against a | 30 |
| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of | 32 |
| the Interstate
Agreements on Sexually Dangerous | 33 |
| Persons Act.
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| Convictions that result from or are connected with the |
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| same act, or result
from offenses committed at the same | 2 |
| time, shall be counted for the purpose of
this Section as | 3 |
| one conviction. Any conviction set aside pursuant to law is
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| not a conviction for purposes of this Section.
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| (2) Except as otherwise provided in paragraph (2.5), | 6 |
| "sex offense"
means:
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| (i) A violation of any of the following Sections of | 8 |
| the Criminal Code of
1961: 10-7 (aiding and abetting | 9 |
| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent | 11 |
| solicitation of a child), 11-6.5
(indecent | 12 |
| solicitation of an adult),
11-9 (public indecency when | 13 |
| committed in a school, on the real property
comprising | 14 |
| a school, or on a conveyance, owned, leased, or | 15 |
| contracted by a
school to transport students to or from | 16 |
| school or a school related activity),
11-9.1 (sexual | 17 |
| exploitation of a child), 11-15.1 (soliciting for a | 18 |
| juvenile
prostitute), 11-17.1 (keeping a place of | 19 |
| juvenile prostitution), 11-18.1
(patronizing a | 20 |
| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child | 22 |
| pornography), 11-21 (harmful
material), 12-14.1
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| (predatory criminal sexual assault of a child), 12-33 | 24 |
| (ritualized abuse of a
child), 11-20 (obscenity) (when | 25 |
| that offense was committed in any school, on
real | 26 |
| property comprising any school, in any conveyance | 27 |
| owned,
leased, or contracted by a school to transport | 28 |
| students to or from school or a
school related | 29 |
| activity). An attempt to commit any of these offenses.
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| (ii) A violation of any of the following Sections | 31 |
| of the Criminal Code
of 1961, when the victim is a | 32 |
| person under 18 years of age: 12-13 (criminal
sexual | 33 |
| assault), 12-14 (aggravated criminal sexual assault), | 34 |
| 12-15 (criminal
sexual abuse), 12-16 (aggravated |
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| criminal sexual abuse). An attempt to commit
any of | 2 |
| these offenses.
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| (iii) A violation of any of the following Sections | 4 |
| of the Criminal Code
of 1961, when the victim is a | 5 |
| person under 18 years of age and the defendant is
not a | 6 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 13 |
| substantially
equivalent to any offense listed in | 14 |
| clause (2)(i) of subsection (c) of this
Section.
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| (2.5) For the purposes of subsection (b-5) only, a sex | 16 |
| offense means:
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| (i) A violation of any of the following Sections of | 18 |
| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and | 20 |
| abetting child abduction
under Section | 21 |
| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an | 23 |
| adult), 11-15.1 (soliciting for a
juvenile
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| prostitute), 11-17.1 (keeping a place of juvenile | 25 |
| prostitution), 11-18.1
(patronizing a juvenile | 26 |
| prostitute), 11-19.1 (juvenile pimping),
11-19.2 | 27 |
| (exploitation of a child), 11-20.1 (child | 28 |
| pornography), 12-14.1
(predatory criminal sexual | 29 |
| assault of a child), or 12-33 (ritualized abuse of | 30 |
| a
child). An attempt
to commit any of
these | 31 |
| offenses.
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| (ii) A violation of any of the following Sections | 33 |
| of the Criminal Code
of 1961, when the victim is a | 34 |
| person under 18 years of age: 12-13 (criminal
sexual |
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| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and | 3 |
| subsection (a) of Section 12-15
(criminal sexual | 4 |
| abuse). An attempt to commit
any of these offenses.
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| (iii) A violation of any of the following Sections | 6 |
| of the Criminal Code
of 1961, when the victim is a | 7 |
| person under 18 years of age and the defendant is
not a | 8 |
| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State | 15 |
| substantially
equivalent to any offense listed in this | 16 |
| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the | 18 |
| law of another state
that is substantially equivalent to | 19 |
| any offense listed in paragraph (2) of
subsection (c) of | 20 |
| this Section shall constitute a conviction for the purpose | 21 |
| of
this Article. A finding or adjudication as a sexually | 22 |
| dangerous person under
any federal law or law of another | 23 |
| state that is substantially equivalent to the
Sexually | 24 |
| Dangerous Persons Act shall constitute an adjudication for | 25 |
| the
purposes of this Section.
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| (4) "School" means a public or private
pre-school, | 27 |
| elementary, or secondary school.
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| (5) "Loiter" means:
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| (i) Standing, sitting idly, whether or not the | 30 |
| person is in a vehicle or
remaining in or around school | 31 |
| property.
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| (ii) Standing, sitting idly, whether or not the | 33 |
| person is in a vehicle
or remaining in or around school | 34 |
| property, for the purpose of committing or
attempting |
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| to commit a sex offense.
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| (iii) Entering or remaining in a building in or | 3 |
| around school property, other than the offender's | 4 |
| residence.
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| (6) "School official"
means the principal, a teacher, | 6 |
| or any other certified employee of the
school, the | 7 |
| superintendent of schools or a member of the school board.
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| (d) Sentence. A person who violates this Section is guilty | 9 |
| of a Class 4
felony.
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| (Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; | 11 |
| 94-170, eff. 7-11-05; revised 8-19-05.)
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| Section 15. The Unified Code of Corrections is amended by | 13 |
| changing Section 5-5-3 as follows:
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| (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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| Sec. 5-5-3. Disposition.
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| (a) Except as provided in Section 11-501 of the Illinois | 17 |
| Vehicle Code, every person convicted of an offense shall be | 18 |
| sentenced as provided
in this Section.
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| (b) The following options shall be appropriate | 20 |
| dispositions, alone
or in combination, for all felonies and | 21 |
| misdemeanors other than those
identified in subsection (c) of | 22 |
| this Section:
| 23 |
| (1) A period of probation.
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| (2) A term of periodic imprisonment.
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| (3) A term of conditional discharge.
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| (4) A term of imprisonment.
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| (5) An order directing the offender to clean up and | 28 |
| repair the
damage, if the offender was convicted under | 29 |
| paragraph (h) of Section
21-1 of the Criminal Code of 1961 | 30 |
| (now repealed).
| 31 |
| (6) A fine.
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| (7) An order directing the offender to make restitution |
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| to the
victim under Section 5-5-6 of this Code.
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| (8) A sentence of participation in a county impact | 3 |
| incarceration
program under Section 5-8-1.2 of this Code. | 4 |
| (9) A term of imprisonment in combination with a term | 5 |
| of probation when the offender has been admitted into a | 6 |
| drug court program under Section 20 of the Drug Court | 7 |
| Treatment Act.
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| Neither a fine nor restitution shall be the sole | 9 |
| disposition
for a felony and either or both may be imposed only | 10 |
| in conjunction with
another disposition.
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| (c) (1) When a defendant is found guilty of first degree | 12 |
| murder the
State may either seek a sentence of imprisonment | 13 |
| under Section 5-8-1 of
this Code, or where appropriate seek | 14 |
| a sentence of death under Section 9-1
of the Criminal Code | 15 |
| of 1961.
| 16 |
| (2) A period of probation, a term of periodic | 17 |
| imprisonment or
conditional discharge shall not be imposed | 18 |
| for the following offenses.
The court shall sentence the | 19 |
| offender to not less than the minimum term
of imprisonment | 20 |
| set forth in this Code for the following offenses, and
may | 21 |
| order a fine or restitution or both in conjunction with | 22 |
| such term of
imprisonment:
| 23 |
| (A) First degree murder where the death penalty is | 24 |
| not imposed.
| 25 |
| (B) Attempted first degree murder.
| 26 |
| (C) A Class X felony.
| 27 |
| (D) A violation of Section 401.1 or 407 of the
| 28 |
| Illinois Controlled Substances Act, or a violation of | 29 |
| subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | 30 |
| which relates to more than 5 grams of a substance
| 31 |
| containing heroin or cocaine or an analog thereof.
| 32 |
| (E) A violation of Section 5.1 or 9 of the Cannabis | 33 |
| Control
Act.
| 34 |
| (F) A Class 2 or greater felony if the offender had |
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| been convicted
of a Class 2 or greater felony within 10 | 2 |
| years of the date on which the
offender
committed the | 3 |
| offense for which he or she is being sentenced, except | 4 |
| as
otherwise provided in Section 40-10 of the | 5 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (F-5) A violation of Section 24-1, 24-1.1, or | 7 |
| 24-1.6 of the Criminal Code of 1961 for which | 8 |
| imprisonment is prescribed in those Sections.
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| (G) Residential burglary, except as otherwise | 10 |
| provided in Section 40-10
of the Alcoholism and Other | 11 |
| Drug Abuse and Dependency Act.
| 12 |
| (H) Criminal sexual assault.
| 13 |
| (I) Aggravated battery of a senior citizen.
| 14 |
| (J) A forcible felony if the offense was related to | 15 |
| the activities of an
organized gang.
| 16 |
| Before July 1, 1994, for the purposes of this | 17 |
| paragraph, "organized
gang" means an association of 5 | 18 |
| or more persons, with an established hierarchy,
that | 19 |
| encourages members of the association to perpetrate | 20 |
| crimes or provides
support to the members of the | 21 |
| association who do commit crimes.
| 22 |
| Beginning July 1, 1994, for the purposes of this | 23 |
| paragraph,
"organized gang" has the meaning ascribed | 24 |
| to it in Section 10 of the Illinois
Streetgang | 25 |
| Terrorism Omnibus Prevention Act.
| 26 |
| (K) Vehicular hijacking.
| 27 |
| (L) A second or subsequent conviction for the | 28 |
| offense of hate crime
when the underlying offense upon | 29 |
| which the hate crime is based is felony
aggravated
| 30 |
| assault or felony mob action.
| 31 |
| (M) A second or subsequent conviction for the | 32 |
| offense of institutional
vandalism if the damage to the | 33 |
| property exceeds $300.
| 34 |
| (N) A Class 3 felony violation of paragraph (1) of |
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| subsection (a) of
Section 2 of the Firearm Owners | 2 |
| Identification Card Act.
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| (O) A violation of Section 12-6.1 of the Criminal | 4 |
| Code of 1961.
| 5 |
| (P) A violation of paragraph (1), (2), (3), (4), | 6 |
| (5), or (7) of
subsection (a)
of Section 11-20.1 of the | 7 |
| Criminal Code of 1961.
| 8 |
| (Q) A violation of Section 20-1.2 or 20-1.3 of the | 9 |
| Criminal Code of
1961.
| 10 |
| (R) A violation of Section 24-3A of the Criminal | 11 |
| Code of
1961.
| 12 |
| (S) (Blank).
| 13 |
| (T) A second or subsequent violation of the | 14 |
| Methamphetamine Control and Community Protection Act.
| 15 |
| (3) (Blank).
| 16 |
| (4) A minimum term of imprisonment of not less than 10
| 17 |
| consecutive days or 30 days of community service shall be | 18 |
| imposed for a
violation of paragraph (c) of Section 6-303 | 19 |
| of the Illinois Vehicle Code.
| 20 |
| (4.1) (Blank).
| 21 |
| (4.2) Except as provided in paragraph (4.3) of this | 22 |
| subsection (c), a
minimum of
100 hours of community service | 23 |
| shall be imposed for a second violation of
Section 6-303
of | 24 |
| the Illinois Vehicle Code.
| 25 |
| (4.3) A minimum term of imprisonment of 30 days or 300 | 26 |
| hours of community
service, as determined by the court, | 27 |
| shall
be imposed for a second violation of subsection (c) | 28 |
| of Section 6-303 of the
Illinois Vehicle Code.
| 29 |
| (4.4) Except as provided in paragraph (4.5) and | 30 |
| paragraph (4.6) of this
subsection (c), a
minimum term of | 31 |
| imprisonment of 30 days or 300 hours of community service, | 32 |
| as
determined by the court, shall
be imposed
for a third or | 33 |
| subsequent violation of Section 6-303 of the Illinois | 34 |
| Vehicle
Code.
|
|
|
|
09400HB4311ham002 |
- 14 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| (4.5) A minimum term of imprisonment of 30 days
shall | 2 |
| be imposed for a third violation of subsection (c) of
| 3 |
| Section 6-303 of the Illinois Vehicle Code.
| 4 |
| (4.6) A minimum term of imprisonment of 180 days shall | 5 |
| be imposed for a
fourth or subsequent violation of | 6 |
| subsection (c) of Section 6-303 of the
Illinois Vehicle | 7 |
| Code.
| 8 |
| (5) The court may sentence an offender convicted of a | 9 |
| business
offense or a petty offense or a corporation or | 10 |
| unincorporated
association convicted of any offense to:
| 11 |
| (A) a period of conditional discharge;
| 12 |
| (B) a fine;
| 13 |
| (C) make restitution to the victim under Section | 14 |
| 5-5-6 of this Code.
| 15 |
| (5.1) In addition to any penalties imposed under | 16 |
| paragraph (5) of this
subsection (c), and except as | 17 |
| provided in paragraph (5.2) or (5.3), a person
convicted of | 18 |
| violating subsection (c) of Section 11-907 of the Illinois
| 19 |
| Vehicle Code shall have his or her driver's license, | 20 |
| permit, or privileges
suspended for at least 90 days but | 21 |
| not more than one year, if the violation
resulted in damage | 22 |
| to the property of another person.
| 23 |
| (5.2) In addition to any penalties imposed under | 24 |
| paragraph (5) of this
subsection (c), and except as | 25 |
| provided in paragraph (5.3), a person convicted
of | 26 |
| violating subsection (c) of Section 11-907 of the Illinois | 27 |
| Vehicle Code
shall have his or her driver's license, | 28 |
| permit, or privileges suspended for at
least 180 days but | 29 |
| not more than 2 years, if the violation resulted in injury
| 30 |
| to
another person.
| 31 |
| (5.3) In addition to any penalties imposed under | 32 |
| paragraph (5) of
this
subsection (c), a person convicted of | 33 |
| violating subsection (c) of Section
11-907 of the Illinois | 34 |
| Vehicle Code shall have his or her driver's license,
|
|
|
|
09400HB4311ham002 |
- 15 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| permit, or privileges suspended for 2 years, if the | 2 |
| violation resulted in the
death of another person.
| 3 |
| (6) In no case shall an offender be eligible for a | 4 |
| disposition of
probation or conditional discharge for a | 5 |
| Class 1 felony committed while
he was serving a term of | 6 |
| probation or conditional discharge for a felony.
| 7 |
| (7) When a defendant is adjudged a habitual criminal | 8 |
| under Article
33B of the Criminal Code of 1961, the court | 9 |
| shall sentence
the defendant to a term of natural life | 10 |
| imprisonment.
| 11 |
| (8) When a defendant, over the age of 21 years, is | 12 |
| convicted of a
Class 1 or Class 2 felony, after having | 13 |
| twice been convicted
in any state or
federal court of an | 14 |
| offense that contains the same elements as an offense now
| 15 |
| classified in Illinois as a Class 2 or greater Class felony
| 16 |
| and such charges are
separately brought and tried and arise | 17 |
| out of different series of acts,
such defendant shall be | 18 |
| sentenced as a Class X offender. This paragraph
shall not | 19 |
| apply unless (1) the first felony was committed after the
| 20 |
| effective date of this amendatory Act of 1977; and (2) the | 21 |
| second felony
was committed after conviction on the first; | 22 |
| and (3) the third felony
was committed after conviction on | 23 |
| the second.
A person sentenced as a Class X offender under | 24 |
| this paragraph is not
eligible to apply for treatment as a | 25 |
| condition of probation as provided by
Section 40-10 of the | 26 |
| Alcoholism and Other Drug Abuse and Dependency Act.
| 27 |
| (9) A defendant convicted of a second or subsequent | 28 |
| offense of ritualized
abuse of a child may be sentenced to | 29 |
| a term of natural life imprisonment.
| 30 |
| (10) (Blank).
| 31 |
| (11) The court shall impose a minimum fine of $1,000 | 32 |
| for a first offense
and $2,000 for a second or subsequent | 33 |
| offense upon a person convicted of or
placed on supervision | 34 |
| for battery when the individual harmed was a sports
|
|
|
|
09400HB4311ham002 |
- 16 - |
LRB094 13917 RLC 55036 a |
|
| 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 |
| (d) In any case in which a sentence originally imposed is | 20 |
| vacated,
the case shall be remanded to the trial court. The | 21 |
| trial court shall
hold a hearing under Section 5-4-1 of the | 22 |
| Unified Code of Corrections
which may include evidence of the | 23 |
| defendant's life, moral character and
occupation during the | 24 |
| time since the original sentence was passed. The
trial court | 25 |
| shall then impose sentence upon the defendant. The trial
court | 26 |
| may impose any sentence which could have been imposed at the
| 27 |
| original trial subject to Section 5-5-4 of the Unified Code of | 28 |
| Corrections.
If a sentence is vacated on appeal or on | 29 |
| collateral attack due to the
failure of the trier of fact at | 30 |
| trial to determine beyond a reasonable doubt
the
existence of a | 31 |
| fact (other than a prior conviction) necessary to increase the
| 32 |
| punishment for the offense beyond the statutory maximum | 33 |
| otherwise applicable,
either the defendant may be re-sentenced | 34 |
| to a term within the range otherwise
provided or, if the State |
|
|
|
09400HB4311ham002 |
- 17 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| files notice of its intention to again seek the
extended | 2 |
| sentence, the defendant shall be afforded a new trial.
| 3 |
| (e) In cases where prosecution for
aggravated criminal | 4 |
| sexual abuse under Section 12-16 of the
Criminal Code of 1961 | 5 |
| results in conviction of a defendant
who was a family member of | 6 |
| the victim at the time of the commission of the
offense, the | 7 |
| court shall consider the safety and welfare of the victim and
| 8 |
| may impose a sentence of probation only where:
| 9 |
| (1) the court finds (A) or (B) or both are appropriate:
| 10 |
| (A) the defendant is willing to undergo a court | 11 |
| approved counseling
program for a minimum duration of 2 | 12 |
| years; or
| 13 |
| (B) the defendant is willing to participate in a | 14 |
| court approved plan
including but not limited to the | 15 |
| defendant's:
| 16 |
| (i) removal from the household;
| 17 |
| (ii) restricted contact with the victim;
| 18 |
| (iii) continued financial support of the | 19 |
| family;
| 20 |
| (iv) restitution for harm done to the victim; | 21 |
| and
| 22 |
| (v) compliance with any other measures that | 23 |
| the court may
deem appropriate; and
| 24 |
| (2) the court orders the defendant to pay for the | 25 |
| victim's counseling
services, to the extent that the court | 26 |
| finds, after considering the
defendant's income and | 27 |
| assets, that the defendant is financially capable of
paying | 28 |
| for such services, if the victim was under 18 years of age | 29 |
| at the
time the offense was committed and requires | 30 |
| counseling as a result of the
offense.
| 31 |
| Probation may be revoked or modified pursuant to Section | 32 |
| 5-6-4; except
where the court determines at the hearing that | 33 |
| the defendant violated a
condition of his or her probation | 34 |
| restricting contact with the victim or
other family members or |
|
|
|
09400HB4311ham002 |
- 18 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| commits another offense with the victim or other
family | 2 |
| members, the court shall revoke the defendant's probation and
| 3 |
| impose 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 | 6 |
| 12-12 of the Criminal Code of
1961.
| 7 |
| (f) This Article shall not deprive a court in other | 8 |
| proceedings to
order a forfeiture of property, to suspend or | 9 |
| cancel a license, to
remove a person from office, or to impose | 10 |
| any other civil penalty.
| 11 |
| (g) Whenever a defendant is convicted of an offense under | 12 |
| Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | 13 |
| 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | 14 |
| of the Criminal Code of 1961,
the defendant shall undergo | 15 |
| medical testing to
determine whether the defendant has any | 16 |
| sexually transmissible disease,
including a test for infection | 17 |
| with human immunodeficiency virus (HIV) or
any other identified | 18 |
| causative agent of acquired immunodeficiency syndrome
(AIDS). | 19 |
| Any such medical test shall be performed only by appropriately
| 20 |
| licensed medical practitioners and may include an analysis of | 21 |
| any bodily
fluids as well as an examination of the defendant's | 22 |
| person.
Except as otherwise provided by law, the results of | 23 |
| such test shall be kept
strictly confidential by all medical | 24 |
| personnel involved in the testing and must
be personally | 25 |
| delivered in a sealed envelope to the judge of the court in | 26 |
| which
the conviction was entered for the judge's inspection in | 27 |
| camera. Acting in
accordance with the best interests of the | 28 |
| victim and the public, the judge
shall have the discretion to | 29 |
| determine to whom, if anyone, the results of the
testing may be | 30 |
| revealed. The court shall notify the defendant
of the test | 31 |
| results. The court shall
also notify the victim if requested by | 32 |
| the victim, and if the victim is under
the age of 15 and if | 33 |
| requested by the victim's parents or legal guardian, the
court | 34 |
| shall notify the victim's parents or legal guardian of the test
|
|
|
|
09400HB4311ham002 |
- 19 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| results.
The court shall provide information on the | 2 |
| availability of HIV testing
and counseling at Department of | 3 |
| Public Health facilities to all parties to
whom the results of | 4 |
| the testing are revealed and shall direct the State's
Attorney | 5 |
| to provide the information to the victim when possible.
A | 6 |
| State's Attorney may petition the court to obtain the results | 7 |
| of any HIV test
administered under this Section, and the court | 8 |
| shall grant the disclosure if
the State's Attorney shows it is | 9 |
| relevant in order to prosecute a charge of
criminal | 10 |
| transmission of HIV under Section 12-16.2 of the Criminal Code | 11 |
| of 1961
against the defendant. The court shall order that the | 12 |
| cost of any such test
shall be paid by the county and may be | 13 |
| taxed as costs against the convicted
defendant.
| 14 |
| (g-5) When an inmate is tested for an airborne communicable | 15 |
| disease, as
determined by the Illinois Department of Public | 16 |
| Health including but not
limited to tuberculosis, the results | 17 |
| of the test shall be
personally delivered by the warden or his | 18 |
| or her designee in a sealed envelope
to the judge of the court | 19 |
| in which the inmate must appear for the judge's
inspection in | 20 |
| camera if requested by the judge. Acting in accordance with the
| 21 |
| best interests of those in the courtroom, the judge shall have | 22 |
| the discretion
to determine what if any precautions need to be | 23 |
| taken to prevent transmission
of the disease in the courtroom.
| 24 |
| (h) Whenever a defendant is convicted of an offense under | 25 |
| Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | 26 |
| defendant shall undergo
medical testing to determine whether | 27 |
| the defendant has been exposed to human
immunodeficiency virus | 28 |
| (HIV) or any other identified causative agent of
acquired | 29 |
| immunodeficiency syndrome (AIDS). Except as otherwise provided | 30 |
| by
law, the results of such test shall be kept strictly | 31 |
| confidential by all
medical personnel involved in the testing | 32 |
| and must be personally delivered in a
sealed envelope to the | 33 |
| judge of the court in which the conviction was entered
for the | 34 |
| judge's inspection in camera. Acting in accordance with the |
|
|
|
09400HB4311ham002 |
- 20 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| best
interests of the public, the judge shall have the | 2 |
| discretion to determine to
whom, if anyone, the results of the | 3 |
| testing may be revealed. The court shall
notify the defendant | 4 |
| of a positive test showing an infection with the human
| 5 |
| immunodeficiency virus (HIV). The court shall provide | 6 |
| information on the
availability of HIV testing and counseling | 7 |
| at Department of Public Health
facilities to all parties to | 8 |
| whom the results of the testing are revealed and
shall direct | 9 |
| the State's Attorney to provide the information to the victim | 10 |
| when
possible. A State's Attorney may petition the court to | 11 |
| obtain the results of
any HIV test administered under this | 12 |
| Section, and the court shall grant the
disclosure if the | 13 |
| State's Attorney shows it is relevant in order to prosecute a
| 14 |
| charge of criminal transmission of HIV under Section 12-16.2 of | 15 |
| the Criminal
Code of 1961 against the defendant. The court | 16 |
| shall order that the cost of any
such test shall be paid by the | 17 |
| county and may be taxed as costs against the
convicted | 18 |
| defendant.
| 19 |
| (i) All fines and penalties imposed under this Section for | 20 |
| any violation
of Chapters 3, 4, 6, and 11 of the Illinois | 21 |
| Vehicle Code, or a similar
provision of a local ordinance, and | 22 |
| any violation
of the Child Passenger Protection Act, or a | 23 |
| similar provision of a local
ordinance, shall be collected and | 24 |
| disbursed by the circuit
clerk as provided under Section 27.5 | 25 |
| of the Clerks of Courts Act.
| 26 |
| (j) In cases when prosecution for any violation of Section | 27 |
| 11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | 28 |
| 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | 29 |
| 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | 30 |
| Code of 1961, any violation of the Illinois Controlled | 31 |
| Substances Act,
any violation of the Cannabis Control Act, or | 32 |
| any violation of the Methamphetamine Control and Community | 33 |
| Protection Act results in conviction, a
disposition of court | 34 |
| supervision, or an order of probation granted under
Section 10 |
|
|
|
09400HB4311ham002 |
- 21 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| of the Cannabis Control Act, Section 410 of the Illinois
| 2 |
| Controlled Substance Act, or Section 70 of the Methamphetamine | 3 |
| Control and Community Protection Act of a defendant, the court | 4 |
| shall determine whether the
defendant is employed by a facility | 5 |
| or center as defined under the Child Care
Act of 1969, a public | 6 |
| or private elementary or secondary school, or otherwise
works | 7 |
| with children under 18 years of age on a daily basis. When a | 8 |
| defendant
is so employed, the court shall order the Clerk of | 9 |
| the Court to send a copy of
the judgment of conviction or order | 10 |
| of supervision or probation to the
defendant's employer by | 11 |
| certified mail.
If the employer of the defendant is a school, | 12 |
| the Clerk of the Court shall
direct the mailing of a copy of | 13 |
| the judgment of conviction or order of
supervision or probation | 14 |
| to the appropriate regional superintendent of schools.
The | 15 |
| regional superintendent of schools shall notify the State Board | 16 |
| of
Education of any notification under this subsection.
| 17 |
| (j-5) A defendant at least 17 years of age who is convicted | 18 |
| of a felony and
who has not been previously convicted of a | 19 |
| misdemeanor or felony and who is
sentenced to a term of | 20 |
| imprisonment in the Illinois Department of Corrections
shall as | 21 |
| a condition of his or her sentence be required by the court to | 22 |
| attend
educational courses designed to prepare the defendant | 23 |
| for a high school diploma
and to work toward a high school | 24 |
| diploma or to work toward passing the high
school level Test of | 25 |
| General Educational Development (GED) or to work toward
| 26 |
| completing a vocational training program offered by the | 27 |
| Department of
Corrections. If a defendant fails to complete the | 28 |
| educational training
required by his or her sentence during the | 29 |
| term of incarceration, the Prisoner
Review Board shall, as a | 30 |
| condition of mandatory supervised release, require the
| 31 |
| defendant, at his or her own expense, to pursue a course of | 32 |
| study toward a high
school diploma or passage of the GED test. | 33 |
| The Prisoner Review Board shall
revoke the mandatory supervised | 34 |
| release of a defendant who wilfully fails to
comply with this |
|
|
|
09400HB4311ham002 |
- 22 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| subsection (j-5) upon his or her release from confinement in a
| 2 |
| penal institution while serving a mandatory supervised release | 3 |
| term; however,
the inability of the defendant after making a | 4 |
| good faith effort to obtain
financial aid or pay for the | 5 |
| educational training shall not be deemed a wilful
failure to | 6 |
| comply. The Prisoner Review Board shall recommit the defendant
| 7 |
| whose mandatory supervised release term has been revoked under | 8 |
| this subsection
(j-5) as provided in Section 3-3-9. This | 9 |
| subsection (j-5) does not apply to a
defendant who has a high | 10 |
| school diploma or has successfully passed the GED
test. This | 11 |
| subsection (j-5) does not apply to a defendant who is | 12 |
| determined by
the court to be developmentally disabled or | 13 |
| otherwise mentally incapable of
completing the educational or | 14 |
| vocational program.
| 15 |
| (k) A court may not impose a sentence or disposition for a
| 16 |
| felony or misdemeanor that requires the defendant to be | 17 |
| implanted or injected
with or to use any form of birth control.
| 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 | 27 |
| against the defendant
pursuant to proceedings under | 28 |
| the Immigration and Nationality Act, and
| 29 |
| (2) the deportation of the defendant would not | 30 |
| deprecate the seriousness
of the defendant's conduct | 31 |
| and would not be inconsistent with the ends of
justice.
| 32 |
| Otherwise, the defendant shall be sentenced as | 33 |
| provided in this Chapter V.
| 34 |
| (B) If the defendant has already been sentenced for a |
|
|
|
09400HB4311ham002 |
- 23 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| felony or
misdemeanor
offense, or has been placed on | 2 |
| probation under Section 10 of the Cannabis
Control Act,
| 3 |
| Section 410 of the Illinois Controlled Substances Act, or | 4 |
| Section 70 of the Methamphetamine Control and Community | 5 |
| Protection Act, the court
may, upon motion of the State's | 6 |
| Attorney to suspend the
sentence imposed, commit the | 7 |
| defendant to the custody of the Attorney General
of the | 8 |
| United States or his or her designated agent when:
| 9 |
| (1) a final order of deportation has been issued | 10 |
| against the defendant
pursuant to proceedings under | 11 |
| the Immigration and Nationality Act, and
| 12 |
| (2) the deportation of the defendant would not | 13 |
| deprecate the seriousness
of the defendant's conduct | 14 |
| and would not be inconsistent with the ends of
justice.
| 15 |
| (C) This subsection (l) does not apply to offenders who | 16 |
| are subject to the
provisions of paragraph (2) of | 17 |
| subsection (a) of Section 3-6-3.
| 18 |
| (D) Upon motion of the State's Attorney, if a defendant | 19 |
| sentenced under
this Section returns to the jurisdiction of | 20 |
| the United States, the defendant
shall be recommitted to | 21 |
| the custody of the county from which he or she was
| 22 |
| sentenced.
Thereafter, the defendant shall be brought | 23 |
| before the sentencing court, which
may impose any sentence | 24 |
| that was available under Section 5-5-3 at the time of
| 25 |
| initial sentencing. In addition, the defendant shall not be | 26 |
| eligible for
additional good conduct credit for | 27 |
| meritorious service as provided under
Section 3-6-6.
| 28 |
| (m) A person convicted of criminal defacement of property | 29 |
| under Section
21-1.3 of the Criminal Code of 1961, in which the | 30 |
| property damage exceeds $300
and the property damaged is a | 31 |
| school building, shall be ordered to perform
community service | 32 |
| that may include cleanup, removal, or painting over the
| 33 |
| defacement.
| 34 |
| (n) The court may sentence a person convicted of a |
|
|
|
09400HB4311ham002 |
- 24 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | 2 |
| Code of 1961 (i) to an impact
incarceration program if the | 3 |
| person is otherwise eligible for that program
under Section | 4 |
| 5-8-1.1, (ii) to community service, or (iii) if the person is | 5 |
| an
addict or alcoholic, as defined in the Alcoholism and Other | 6 |
| Drug Abuse and
Dependency Act, to a substance or alcohol abuse | 7 |
| program licensed under that
Act.
| 8 |
| (o) The court shall impose as part of the sentence of a | 9 |
| person convicted of a sex offense as defined in Section 2 of | 10 |
| the Sex Offender Registration Act that is a felony and that is | 11 |
| committed on or after the effective date of this amendatory Act | 12 |
| of the 94th General Assembly that the person register as a sex | 13 |
| offender under the Sex Offender Registration Act. The | 14 |
| registration requirements imposed by this subsection (o) are a | 15 |
| part of the sentence. Nothing in this subsection (o) shall be | 16 |
| construed to imply that any registration requirements are a | 17 |
| part of the sentence of a person convicted of a felony sex | 18 |
| offense committed before the effective date of this amendatory | 19 |
| Act of the 94th General Assembly or of a person convicted of or | 20 |
| placed on supervision for a misdemeanor sex offense.
| 21 |
| (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | 22 |
| eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | 23 |
| eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | 24 |
| eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | 25 |
| eff. 9-11-05; revised 8-19-05.)
| 26 |
| Section 20. The Sex Offender Registration Act is amended by | 27 |
| changing Section 7 as follows:
| 28 |
| (730 ILCS 150/7) (from Ch. 38, par. 227)
| 29 |
| Sec. 7. Duration of registration. A person who has been | 30 |
| adjudicated to
be
sexually dangerous and is later released or | 31 |
| found to be no longer sexually
dangerous and discharged, shall | 32 |
| register for the period of his or her natural
life.
A sexually |
|
|
|
09400HB4311ham002 |
- 25 - |
LRB094 13917 RLC 55036 a |
|
| 1 |
| violent person or sexual predator shall register for the period | 2 |
| of
his or her natural life
after conviction or adjudication if | 3 |
| not confined to a penal institution,
hospital, or other | 4 |
| institution or facility, and if confined, for
the period of his | 5 |
| or her natural life after parole, discharge, or release from
| 6 |
| any such facility.
A person convicted of a sex offense that is | 7 |
| a felony and that is committed on or after the effective date | 8 |
| of this amendatory Act of the 94th General Assembly who is | 9 |
| required to register
under this Article shall be required to | 10 |
| register for a period of his or her natural
life. Any other | 11 |
| person who is required to register
under this Article shall be | 12 |
| required to register for a period of 10 years after
conviction | 13 |
| or adjudication if not confined to a penal institution, | 14 |
| hospital
or any other
institution or facility, and if confined, | 15 |
| for a period of 10 years after
parole, discharge or release | 16 |
| from any such facility. A sex offender who is
allowed to leave | 17 |
| a county, State, or federal facility for the purposes of work
| 18 |
| release, education, or overnight visitations shall be required
| 19 |
| to register within 5 days of beginning such a program. | 20 |
| Liability for
registration terminates at the expiration of 10 | 21 |
| years from the date of
conviction or adjudication if not | 22 |
| confined to a penal institution, hospital
or any other
| 23 |
| institution or facility and if confined, at the expiration of | 24 |
| 10 years from the
date of parole, discharge or release from any | 25 |
| such facility, providing such
person does not, during that | 26 |
| period, again
become
liable
to register under the provisions of | 27 |
| this Article.
Reconfinement due to a violation of parole or | 28 |
| other circumstances that relates to the original conviction or | 29 |
| adjudication shall extend the period of registration to 10 | 30 |
| years after final parole, discharge, or release. The Director | 31 |
| of State Police, consistent with administrative rules, shall
| 32 |
| extend for 10 years the registration period of any sex | 33 |
| offender, as defined
in Section 2 of this Act, who fails to
| 34 |
| comply with the provisions of this Article. The registration |
|
|
|
09400HB4311ham002 |
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LRB094 13917 RLC 55036 a |
|
| 1 |
| period for any sex offender who fails to comply with any | 2 |
| provision of the Act shall extend the period of registration by | 3 |
| 10 years beginning from the first date of registration after | 4 |
| the violation.
If the registration period is extended, the | 5 |
| Department of State Police shall send a registered letter to | 6 |
| the law enforcement agency where the sex offender resides | 7 |
| within 3 days after the extension of the registration period. | 8 |
| The sex offender shall report to that law enforcement agency | 9 |
| and sign for that letter. One copy of that letter shall be kept | 10 |
| on file with the law enforcement agency of the jurisdiction | 11 |
| where the sex offender resides and one copy shall be returned | 12 |
| to the Department of State Police.
| 13 |
| (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; | 14 |
| 94-168, eff. 1-1-06; revised 8-19-05.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
|
|