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Full Text of HB3801  97th General Assembly

HB3801sam003 97TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 5/25/2012

 

 


 

 


 
09700HB3801sam003LRB097 12788 JWD 70181 a

1
AMENDMENT TO HOUSE BILL 3801

2    AMENDMENT NO. ______. Amend House Bill 3801, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Tobacco Accessories and Smoking Herbs
6Control Act is amended by changing Sections 4 and 5 as follows:
 
7    (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
8    Sec. 4. Offenses.
9    (a) Sale to minors. No person shall knowingly sell, barter,
10exchange, deliver or give away or cause or permit or procure to
11be sold, bartered, exchanged, delivered, or given away tobacco
12accessories or smoking herbs to any person under 18 years of
13age.
14    (a-5) Sale of bidi cigarettes. No person shall knowingly
15sell, barter, exchange, deliver, or give away a bidi cigarette
16to another person, nor shall a person cause or permit or

 

 

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1procure a bidi cigarette to be sold, bartered, exchanged,
2delivered, or given away to another person.
3    (b) Sale of cigarette paper. No person shall knowingly
4offer, sell, barter, exchange, deliver or give away cigarette
5paper or cause, permit, or procure cigarette paper to be sold,
6offered, bartered, exchanged, delivered, or given away except
7from premises or an establishment where other tobacco products
8are sold. For purposes of this Section, "tobacco products"
9means cigarettes, cigars, smokeless tobacco, or tobacco in any
10of its forms.
11    (b-5) Sale of flavored wrapping paper and wrapping leaf. A
12person shall not knowingly sell, give away, barter, exchange,
13or otherwise furnish to any person any wrapping paper or
14wrapping leaf, however characterized, including, without
15limitation, cigarette papers, blunt wraps, cigar wraps, or
16tubes of paper or leaf, or any similar device, for the purpose
17of making a roll of tobacco or herbs for smoking, that is or is
18held out to be, impregnated, scented, or imbibed with, or aged
19or dipped in, a characterizing flavor, other than tobacco or
20menthol, including, without limitation, alcoholic or liquor
21flavor, or both, chocolate, fruit flavoring, vanilla, peanut
22butter, jelly, or any combination of those flavors or similar
23child attractive scent or flavor.
24    (c) Sale of cigarette paper from vending machines. No
25person shall knowingly offer, sell, barter, exchange, deliver
26or give away cigarette paper or cause, permit, or procure

 

 

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1cigarette paper to be sold, offered, bartered, exchanged,
2delivered, or given away by use of a vending or coin-operated
3machine or device. For purposes of this Section, "cigarette
4paper" shall not include any paper that is incorporated into a
5product to which a tax stamp must be affixed under the
6Cigarette Tax Act or the Cigarette Use Tax Act.
7    (d) Use of identification cards. No person in the
8furtherance or facilitation of obtaining smoking accessories
9and smoking herbs shall display or use a false or forged
10identification card or transfer, alter, or deface an
11identification card.
12    (e) Warning to minors. Any person, firm, partnership,
13company or corporation operating a place of business where
14tobacco accessories and smoking herbs are sold or offered for
15sale shall post in a conspicuous place upon the premises a sign
16upon which there shall be imprinted the following statement,
17"SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER
18EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
19PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be
20printed on a white card in red letters at least one-half inch
21in height.
22(Source: P.A. 91-734, eff. 1-1-01.)
 
23    (720 ILCS 685/5)  (from Ch. 23, par. 2358-5)
24    Sec. 5. Penalty.
25    (a) Any person who shall knowingly violate, or shall

 

 

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1knowingly cause the violation of any provision of this Act
2other than subsection (a-5) or (b-5) of Section 4 shall be
3guilty of a Class C misdemeanor.
4    (b) Any person who knowingly violates or knowingly causes
5the violation of subsection (a-5) of Section 4 is guilty of a
6petty offense for which the offender may be fined an amount as
7follows:
8        (1) For a first offense, not less than $100 and not
9    more than $500.
10        (2) For a second offense within a 2-year period, not
11    less than $250 and not more than $500.
12        (3) For a third or subsequent offense within a 2-year
13    period, not less than $500 and not more than $1,000.
14    (c) Any person who knowingly violates or knowingly causes
15the violation of subsection (b-5) of Section 4 is guilty of a
16petty offense for which the offender shall be fined an amount
17of not less than $100 and not more than $1,000.
18(Source: P.A. 91-734, eff. 1-1-01.)
 
19    Section 10. The Unified Code of Corrections is amended by
20changing Section 5-5-3 as follows:
 
21    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
22    Sec. 5-5-3. Disposition.
23    (a) (Blank).
24    (b) (Blank).

 

 

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1    (c) (1) (Blank).
2        (2) A period of probation, a term of periodic
3    imprisonment or conditional discharge shall not be imposed
4    for the following offenses. The court shall sentence the
5    offender to not less than the minimum term of imprisonment
6    set forth in this Code for the following offenses, and may
7    order a fine or restitution or both in conjunction with
8    such term of imprisonment:
9            (A) First degree murder where the death penalty is
10        not imposed.
11            (B) Attempted first degree murder.
12            (C) A Class X felony.
13            (D) A violation of Section 401.1 or 407 of the
14        Illinois Controlled Substances Act, or a violation of
15        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
16        of that Act which relates to more than 5 grams of a
17        substance containing heroin, cocaine, fentanyl, or an
18        analog thereof.
19            (D-5) A violation of subdivision (c)(1) of Section
20        401 of the Illinois Controlled Substances Act which
21        relates to 3 or more grams of a substance containing
22        heroin or an analog thereof.
23            (E) A violation of Section 5.1 or 9 of the Cannabis
24        Control Act.
25            (F) A Class 2 or greater felony if the offender had
26        been convicted of a Class 2 or greater felony,

 

 

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1        including any state or federal conviction for an
2        offense that contained, at the time it was committed,
3        the same elements as an offense now (the date of the
4        offense committed after the prior Class 2 or greater
5        felony) classified as a Class 2 or greater felony,
6        within 10 years of the date on which the offender
7        committed the offense for which he or she is being
8        sentenced, except as otherwise provided in Section
9        40-10 of the Alcoholism and Other Drug Abuse and
10        Dependency Act.
11            (F-5) A violation of Section 24-1, 24-1.1, or
12        24-1.6 of the Criminal Code of 1961 for which
13        imprisonment is prescribed in those Sections.
14            (G) Residential burglary, except as otherwise
15        provided in Section 40-10 of the Alcoholism and Other
16        Drug Abuse and Dependency Act.
17            (H) Criminal sexual assault.
18            (I) Aggravated battery of a senior citizen as
19        described in Section 12-4.6 or subdivision (a)(4) of
20        Section 12-3.05.
21            (J) A forcible felony if the offense was related to
22        the activities of an organized gang.
23            Before July 1, 1994, for the purposes of this
24        paragraph, "organized gang" means an association of 5
25        or more persons, with an established hierarchy, that
26        encourages members of the association to perpetrate

 

 

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1        crimes or provides support to the members of the
2        association who do commit crimes.
3            Beginning July 1, 1994, for the purposes of this
4        paragraph, "organized gang" has the meaning ascribed
5        to it in Section 10 of the Illinois Streetgang
6        Terrorism Omnibus Prevention Act.
7            (K) Vehicular hijacking.
8            (L) A second or subsequent conviction for the
9        offense of hate crime when the underlying offense upon
10        which the hate crime is based is felony aggravated
11        assault or felony mob action.
12            (M) A second or subsequent conviction for the
13        offense of institutional vandalism if the damage to the
14        property exceeds $300.
15            (N) A Class 3 felony violation of paragraph (1) of
16        subsection (a) of Section 2 of the Firearm Owners
17        Identification Card Act.
18            (O) A violation of Section 12-6.1 or 12-6.5 of the
19        Criminal Code of 1961.
20            (P) A violation of paragraph (1), (2), (3), (4),
21        (5), or (7) of subsection (a) of Section 11-20.1 of the
22        Criminal Code of 1961.
23            (Q) A violation of Section 20-1.2 or 20-1.3 of the
24        Criminal Code of 1961.
25            (R) A violation of Section 24-3A of the Criminal
26        Code of 1961.

 

 

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1            (S) (Blank).
2            (T) A second or subsequent violation of the
3        Methamphetamine Control and Community Protection Act.
4            (U) A second or subsequent violation of Section
5        6-303 of the Illinois Vehicle Code committed while his
6        or her driver's license, permit, or privilege was
7        revoked because of a violation of Section 9-3 of the
8        Criminal Code of 1961, relating to the offense of
9        reckless homicide, or a similar provision of a law of
10        another state.
11            (V) A violation of paragraph (4) of subsection (c)
12        of Section 11-20.1B or paragraph (4) of subsection (c)
13        of Section 11-20.3 of the Criminal Code of 1961.
14            (W) A violation of Section 24-3.5 of the Criminal
15        Code of 1961.
16            (X) A violation of subsection (a) of Section 31-1a
17        of the Criminal Code of 1961.
18            (Y) A conviction for unlawful possession of a
19        firearm by a street gang member when the firearm was
20        loaded or contained firearm ammunition.
21            (Z) A Class 1 felony committed while he or she was
22        serving a term of probation or conditional discharge
23        for a felony.
24            (AA) Theft of property exceeding $500,000 and not
25        exceeding $1,000,000 in value.
26            (BB) Laundering of criminally derived property of

 

 

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1        a value exceeding $500,000.
2            (CC) Knowingly selling, offering for sale, holding
3        for sale, or using 2,000 or more counterfeit items or
4        counterfeit items having a retail value in the
5        aggregate of $500,000 or more.
6            (DD) A conviction for aggravated assault under
7        paragraph (6) of subsection (c) of Section 12-2 of the
8        Criminal Code of 1961 if the firearm is aimed toward
9        the person against whom the firearm is being used.
10        (3) (Blank).
11        (4) A minimum term of imprisonment of not less than 10
12    consecutive days or 30 days of community service shall be
13    imposed for a violation of paragraph (c) of Section 6-303
14    of the Illinois Vehicle Code.
15        (4.1) (Blank).
16        (4.2) Except as provided in paragraphs (4.3) and (4.8)
17    of this subsection (c), a minimum of 100 hours of community
18    service shall be imposed for a second violation of Section
19    6-303 of the Illinois Vehicle Code.
20        (4.3) A minimum term of imprisonment of 30 days or 300
21    hours of community service, as determined by the court,
22    shall be imposed for a second violation of subsection (c)
23    of Section 6-303 of the Illinois Vehicle Code.
24        (4.4) Except as provided in paragraphs (4.5), (4.6),
25    and (4.9) of this subsection (c), a minimum term of
26    imprisonment of 30 days or 300 hours of community service,

 

 

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1    as determined by the court, shall be imposed for a third or
2    subsequent violation of Section 6-303 of the Illinois
3    Vehicle Code.
4        (4.5) A minimum term of imprisonment of 30 days shall
5    be imposed for a third violation of subsection (c) of
6    Section 6-303 of the Illinois Vehicle Code.
7        (4.6) Except as provided in paragraph (4.10) of this
8    subsection (c), a minimum term of imprisonment of 180 days
9    shall be imposed for a fourth or subsequent violation of
10    subsection (c) of Section 6-303 of the Illinois Vehicle
11    Code.
12        (4.7) A minimum term of imprisonment of not less than
13    30 consecutive days, or 300 hours of community service,
14    shall be imposed for a violation of subsection (a-5) of
15    Section 6-303 of the Illinois Vehicle Code, as provided in
16    subsection (b-5) of that Section.
17        (4.8) A mandatory prison sentence shall be imposed for
18    a second violation of subsection (a-5) of Section 6-303 of
19    the Illinois Vehicle Code, as provided in subsection (c-5)
20    of that Section. The person's driving privileges shall be
21    revoked for a period of not less than 5 years from the date
22    of his or her release from prison.
23        (4.9) A mandatory prison sentence of not less than 4
24    and not more than 15 years shall be imposed for a third
25    violation of subsection (a-5) of Section 6-303 of the
26    Illinois Vehicle Code, as provided in subsection (d-2.5) of

 

 

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1    that Section. The person's driving privileges shall be
2    revoked for the remainder of his or her life.
3        (4.10) A mandatory prison sentence for a Class 1 felony
4    shall be imposed, and the person shall be eligible for an
5    extended term sentence, for a fourth or subsequent
6    violation of subsection (a-5) of Section 6-303 of the
7    Illinois Vehicle Code, as provided in subsection (d-3.5) of
8    that Section. The person's driving privileges shall be
9    revoked for the remainder of his or her life.
10        (5) The court may sentence a corporation or
11    unincorporated association convicted of any offense to:
12            (A) a period of conditional discharge;
13            (B) a fine;
14            (C) make restitution to the victim under Section
15        5-5-6 of this Code.
16        (5.1) In addition to any other penalties imposed, and
17    except as provided in paragraph (5.2) or (5.3), a person
18    convicted of violating subsection (c) of Section 11-907 of
19    the Illinois Vehicle Code shall have his or her driver's
20    license, permit, or privileges suspended for at least 90
21    days but not more than one year, if the violation resulted
22    in damage to the property of another person.
23        (5.2) In addition to any other penalties imposed, and
24    except as provided in paragraph (5.3), a person convicted
25    of violating subsection (c) of Section 11-907 of the
26    Illinois Vehicle Code shall have his or her driver's

 

 

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

 

 

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

 

 

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1        (13) A person convicted of or placed on court
2    supervision for an assault or aggravated assault when the
3    victim and the offender are family or household members as
4    defined in Section 103 of the Illinois Domestic Violence
5    Act of 1986 or convicted of domestic battery or aggravated
6    domestic battery may be required to attend a Partner Abuse
7    Intervention Program under protocols set forth by the
8    Illinois Department of Human Services under such terms and
9    conditions imposed by the court. The costs of such classes
10    shall be paid by the offender.
11    (d) In any case in which a sentence originally imposed is
12vacated, the case shall be remanded to the trial court. The
13trial court shall hold a hearing under Section 5-4-1 of the
14Unified Code of Corrections which may include evidence of the
15defendant's life, moral character and occupation during the
16time since the original sentence was passed. The trial court
17shall then impose sentence upon the defendant. The trial court
18may impose any sentence which could have been imposed at the
19original trial subject to Section 5-5-4 of the Unified Code of
20Corrections. If a sentence is vacated on appeal or on
21collateral attack due to the failure of the trier of fact at
22trial to determine beyond a reasonable doubt the existence of a
23fact (other than a prior conviction) necessary to increase the
24punishment for the offense beyond the statutory maximum
25otherwise applicable, either the defendant may be re-sentenced
26to a term within the range otherwise provided or, if the State

 

 

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1files notice of its intention to again seek the extended
2sentence, the defendant shall be afforded a new trial.
3    (e) In cases where prosecution for aggravated criminal
4sexual abuse under Section 11-1.60 or 12-16 of the Criminal
5Code of 1961 results in conviction of a defendant who was a
6family member of the victim at the time of the commission of
7the offense, the court shall consider the safety and welfare of
8the victim and 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

 

 

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1    assets, that the defendant is financially capable of paying
2    for such services, if the victim was under 18 years of age
3    at the time the offense was committed and requires
4    counseling as a result of the offense.
5    Probation may be revoked or modified pursuant to Section
65-6-4; except where the court determines at the hearing that
7the defendant violated a condition of his or her probation
8restricting contact with the victim or other family members or
9commits another offense with the victim or other family
10members, the court shall revoke the defendant's probation and
11impose a term of imprisonment.
12    For the purposes of this Section, "family member" and
13"victim" shall have the meanings ascribed to them in Section
1411-0.1 of the Criminal Code of 1961.
15    (f) (Blank).
16    (g) Whenever a defendant is convicted of an offense under
17Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1811-14.3, 11-14.4 except for an offense that involves keeping a
19place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2112-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
22defendant shall undergo medical testing to determine whether
23the defendant has any sexually transmissible disease,
24including a test for infection with human immunodeficiency
25virus (HIV) or any other identified causative agent of acquired
26immunodeficiency syndrome (AIDS). Any such medical test shall

 

 

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1be performed only by appropriately licensed medical
2practitioners and may include an analysis of any bodily fluids
3as well as an examination of the defendant's person. Except as
4otherwise provided by law, the results of such test shall be
5kept strictly confidential by all medical personnel involved in
6the testing and must be personally delivered in a sealed
7envelope to the judge of the court in which the conviction was
8entered for the judge's inspection in camera. Acting in
9accordance with the best interests of the victim and the
10public, the judge shall have the discretion to determine to
11whom, if anyone, the results of the testing may be revealed.
12The court shall notify the defendant of the test results. The
13court shall also notify the victim if requested by the victim,
14and if the victim is under the age of 15 and if requested by the
15victim's parents or legal guardian, the court shall notify the
16victim's parents or legal guardian of the test results. The
17court shall provide information on the availability of HIV
18testing and counseling at Department of Public Health
19facilities to all parties to whom the results of the testing
20are revealed and shall direct the State's Attorney to provide
21the information to the victim when possible. A State's Attorney
22may petition the court to obtain the results of any HIV test
23administered under this Section, and the court shall grant the
24disclosure if the State's Attorney shows it is relevant in
25order to prosecute a charge of criminal transmission of HIV
26under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961

 

 

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

 

 

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1testing may be revealed. The court shall notify the defendant
2of a positive test showing an infection with the human
3immunodeficiency virus (HIV). The court shall provide
4information on the availability of HIV testing and counseling
5at Department of Public Health facilities to all parties to
6whom the results of the testing are revealed and shall direct
7the State's Attorney to provide the information to the victim
8when possible. A State's Attorney may petition the court to
9obtain the results of any HIV test administered under this
10Section, and the court shall grant the disclosure if the
11State's Attorney shows it is relevant in order to prosecute a
12charge of criminal transmission of HIV under Section 12-5.01 or
1312-16.2 of the Criminal Code of 1961 against the defendant. The
14court shall order that the cost of any such test shall be paid
15by the county and may be taxed as costs against the convicted
16defendant.
17    (i) All fines and penalties imposed under this Section for
18any violation of Chapters 3, 4, 6, and 11 of the Illinois
19Vehicle Code, or a similar provision of a local ordinance, and
20any violation of the Child Passenger Protection Act, or a
21similar provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under Section 27.5
23of the Clerks of Courts Act.
24    (j) In cases when prosecution for any violation of Section
2511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

 

 

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111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
312-15, or 12-16 of the Criminal Code of 1961, any violation of
4the Illinois Controlled Substances Act, any violation of the
5Cannabis Control Act, or any violation of the Methamphetamine
6Control and Community Protection Act results in conviction, a
7disposition of court supervision, or an order of probation
8granted under Section 10 of the Cannabis Control Act, Section
9410 of the Illinois Controlled Substance Act, or Section 70 of
10the Methamphetamine Control and Community Protection Act of a
11defendant, the court shall determine whether the defendant is
12employed by a facility or center as defined under the Child
13Care Act of 1969, a public or private elementary or secondary
14school, or otherwise works with children under 18 years of age
15on a daily basis. When a defendant is so employed, the court
16shall order the Clerk of the Court to send a copy of the
17judgment of conviction or order of supervision or probation to
18the defendant's employer by certified mail. If the employer of
19the defendant is a school, the Clerk of the Court shall direct
20the mailing of a copy of the judgment of conviction or order of
21supervision or probation to the appropriate regional
22superintendent of schools. The regional superintendent of
23schools shall notify the State Board of Education of any
24notification under this subsection.
25    (j-5) A defendant at least 17 years of age who is convicted
26of a felony and who has not been previously convicted of a

 

 

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1misdemeanor or felony and who is sentenced to a term of
2imprisonment in the Illinois Department of Corrections shall as
3a condition of his or her sentence be required by the court to
4attend educational courses designed to prepare the defendant
5for a high school diploma and to work toward a high school
6diploma or to work toward passing the high school level Test of
7General Educational Development (GED) or to work toward
8completing a vocational training program offered by the
9Department of Corrections. If a defendant fails to complete the
10educational training required by his or her sentence during the
11term of incarceration, the Prisoner Review Board shall, as a
12condition of mandatory supervised release, require the
13defendant, at his or her own expense, to pursue a course of
14study toward a high school diploma or passage of the GED test.
15The Prisoner Review Board shall revoke the mandatory supervised
16release of a defendant who wilfully fails to comply with this
17subsection (j-5) upon his or her release from confinement in a
18penal institution while serving a mandatory supervised release
19term; however, the inability of the defendant after making a
20good faith effort to obtain financial aid or pay for the
21educational training shall not be deemed a wilful failure to
22comply. The Prisoner Review Board shall recommit the defendant
23whose mandatory supervised release term has been revoked under
24this subsection (j-5) as provided in Section 3-3-9. This
25subsection (j-5) does not apply to a defendant who has a high
26school diploma or has successfully passed the GED test. This

 

 

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1subsection (j-5) does not apply to a defendant who is
2determined by the court to be developmentally disabled or
3otherwise mentally incapable of completing the educational or
4vocational program.
5    (k) (Blank).
6    (l) (A) Except as provided in paragraph (C) of subsection
7    (l), whenever a defendant, who is an alien as defined by
8    the Immigration and Nationality Act, is convicted of any
9    felony or misdemeanor offense, the court after sentencing
10    the defendant may, upon motion of the State's Attorney,
11    hold sentence in abeyance and remand the defendant to the
12    custody of the Attorney General of the United States or his
13    or her designated agent to be deported when:
14            (1) a final order of deportation has been issued
15        against the defendant pursuant to proceedings under
16        the Immigration and Nationality Act, and
17            (2) the deportation of the defendant would not
18        deprecate the seriousness of the defendant's conduct
19        and would not be inconsistent with the ends of justice.
20        Otherwise, the defendant shall be sentenced as
21    provided in this Chapter V.
22        (B) If the defendant has already been sentenced for a
23    felony or misdemeanor offense, or has been placed on
24    probation under Section 10 of the Cannabis Control Act,
25    Section 410 of the Illinois Controlled Substances Act, or
26    Section 70 of the Methamphetamine Control and Community

 

 

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1    Protection Act, the court may, upon motion of the State's
2    Attorney to suspend the sentence imposed, commit the
3    defendant to the custody of the Attorney General of the
4    United States or his or her designated agent when:
5            (1) a final order of deportation has been issued
6        against the defendant pursuant to proceedings under
7        the Immigration and Nationality Act, and
8            (2) the deportation of the defendant would not
9        deprecate the seriousness of the defendant's conduct
10        and would not be inconsistent with the ends of justice.
11        (C) This subsection (l) does not apply to offenders who
12    are subject to the provisions of paragraph (2) of
13    subsection (a) of Section 3-6-3.
14        (D) Upon motion of the State's Attorney, if a defendant
15    sentenced under this Section returns to the jurisdiction of
16    the United States, the defendant shall be recommitted to
17    the custody of the county from which he or she was
18    sentenced. Thereafter, the defendant shall be brought
19    before the sentencing court, which may impose any sentence
20    that was available under Section 5-5-3 at the time of
21    initial sentencing. In addition, the defendant shall not be
22    eligible for additional good conduct credit for
23    meritorious service as provided under Section 3-6-6.
24    (m) A person convicted of criminal defacement of property
25under Section 21-1.3 of the Criminal Code of 1961, in which the
26property damage exceeds $300 and the property damaged is a

 

 

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1school building, shall be ordered to perform community service
2that may include cleanup, removal, or painting over the
3defacement.
4    (n) The court may sentence a person convicted of a
5violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
6subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
7of 1961 (i) to an impact incarceration program if the person is
8otherwise eligible for that program under Section 5-8-1.1, (ii)
9to community service, or (iii) if the person is an addict or
10alcoholic, as defined in the Alcoholism and Other Drug Abuse
11and Dependency Act, to a substance or alcohol abuse program
12licensed under that Act.
13    (o) Whenever a person is convicted of a sex offense as
14defined in Section 2 of the Sex Offender Registration Act, the
15defendant's driver's license or permit shall be subject to
16renewal on an annual basis in accordance with the provisions of
17license renewal established by the Secretary of State.
18(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
1996-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
201, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
21eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
2297-159, eff. 7-21-11; revised 9-14-11.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".