[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3882
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 570/407 from Ch. 56 1/2, par. 1407
730 ILCS 5/5-5-3
Amends the Criminal Code of 1961, the Illinois Controlled
Substances Act, and the Unified Code of Corrections.
Provides for enhanced penalties for various weapons or
controlled substance violations committed in a vacant
building, on real property on which a vacant building is
situated, or on a public way adjacent to real property on
which a vacant building is situated. Effective immediately.
LRB9012068RCks
LRB9012068RCks
1 AN ACT in relation to criminal law, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 24-1 and 24-3 as follows:
6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful Use of Weapons.
8 (a) A person commits the offense of unlawful use of
9 weapons when he knowingly:
10 (1) Sells, manufactures, purchases, possesses or
11 carries any bludgeon, black-jack, slung-shot, sand-club,
12 sand-bag, metal knuckles, throwing star, or any knife,
13 commonly referred to as a switchblade knife, which has a
14 blade that opens automatically by hand pressure applied
15 to a button, spring or other device in the handle of the
16 knife, or a ballistic knife, which is a device that
17 propels a knifelike blade as a projectile by means of a
18 coil spring, elastic material or compressed gas; or
19 (2) Carries or possesses with intent to use the
20 same unlawfully against another, a dagger, dirk, billy,
21 dangerous knife, razor, stiletto, broken bottle or other
22 piece of glass, stun gun or taser or any other dangerous
23 or deadly weapon or instrument of like character; or
24 (3) Carries on or about his person or in any
25 vehicle, a tear gas gun projector or bomb or any object
26 containing noxious liquid gas or substance, other than an
27 object containing a non-lethal noxious liquid gas or
28 substance designed solely for personal defense carried by
29 a person 18 years of age or older; or
30 (4) Carries or possesses in any vehicle or
31 concealed on or about his person except when on his land
-2- LRB9012068RCks
1 or in his own abode or fixed place of business any
2 pistol, revolver, stun gun or taser or other firearm; or
3 (5) Sets a spring gun; or
4 (6) Possesses any device or attachment of any kind
5 designed, used or intended for use in silencing the
6 report of any firearm; or
7 (7) Sells, manufactures, purchases, possesses or
8 carries:
9 (i) a machine gun, which shall be defined for
10 the purposes of this subsection as any weapon, which
11 shoots, is designed to shoot, or can be readily
12 restored to shoot, automatically more than one shot
13 without manually reloading by a single function of
14 the trigger, including the frame or receiver of any
15 such weapon, or sells, manufactures, purchases,
16 possesses, or carries any combination of parts
17 designed or intended for use in converting any
18 weapon into a machine gun, or any combination or
19 parts from which a machine gun can be assembled if
20 such parts are in the possession or under the
21 control of a person;
22 (ii) any rifle having one or more barrels less
23 than 16 inches in length or a shotgun having one or
24 more barrels less than 18 inches in length or any
25 weapon made from a rifle or shotgun, whether by
26 alteration, modification, or otherwise, if such a
27 weapon as modified has an overall length of less
28 than 26 inches; or
29 (iii) any bomb, bomb-shell, grenade, bottle or
30 other container containing an explosive substance of
31 over one-quarter ounce for like purposes, such as,
32 but not limited to, black powder bombs and Molotov
33 cocktails or artillery projectiles; or
34 (8) Carries or possesses any firearm, stun gun or
-3- LRB9012068RCks
1 taser or other deadly weapon in any place which is
2 licensed to sell intoxicating beverages, or at any public
3 gathering held pursuant to a license issued by any
4 governmental body or any public gathering at which an
5 admission is charged, excluding a place where a showing,
6 demonstration or lecture involving the exhibition of
7 unloaded firearms is conducted; or
8 (9) Carries or possesses in a vehicle or on or
9 about his person any pistol, revolver, stun gun or taser
10 or firearm or ballistic knife, when he is hooded, robed
11 or masked in such manner as to conceal his identity; or
12 (10) Carries or possesses on or about his person,
13 upon any public street, alley, or other public lands
14 within the corporate limits of a city, village or
15 incorporated town, except when an invitee thereon or
16 therein, for the purpose of the display of such weapon or
17 the lawful commerce in weapons, or except when on his
18 land or in his own abode or fixed place of business, any
19 pistol, revolver, stun gun or taser or other firearm.
20 A "stun gun or taser", as used in this paragraph (a)
21 means (i) any device which is powered by electrical
22 charging units, such as, batteries, and which fires one
23 or several barbs attached to a length of wire and which,
24 upon hitting a human, can send out a current capable of
25 disrupting the person's nervous system in such a manner
26 as to render him incapable of normal functioning or (ii)
27 any device which is powered by electrical charging units,
28 such as batteries, and which, upon contact with a human
29 or clothing worn by a human, can send out current capable
30 of disrupting the person's nervous system in such a
31 manner as to render him incapable of normal functioning;
32 or
33 (11) Sells, manufactures or purchases any explosive
34 bullet. For purposes of this paragraph (a) "explosive
-4- LRB9012068RCks
1 bullet" means the projectile portion of an ammunition
2 cartridge which contains or carries an explosive charge
3 which will explode upon contact with the flesh of a human
4 or an animal. "Cartridge" means a tubular metal case
5 having a projectile affixed at the front thereof and a
6 cap or primer at the rear end thereof, with the
7 propellant contained in such tube between the projectile
8 and the cap; or
9 (12) (Blank).
10 (b) Sentence. A person convicted of a violation of
11 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
12 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
13 Class A misdemeanor. A person convicted of a violation of
14 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
15 Class 4 felony; a person convicted of a violation of
16 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
17 Class 3 felony. A person convicted of a violation of
18 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
19 weapon is possessed in the passenger compartment of a motor
20 vehicle as defined in Section 1-146 of the Illinois Vehicle
21 Code, or on the person, while the weapon is loaded, in which
22 case it shall be a Class X felony. A person convicted of a
23 second or subsequent violation of subsection 24-1(a)(4),
24 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
25 (c) Violations in specific places.
26 (1) A person who violates subsection 24-1(a)(6) or
27 24-1(a)(7) in any school, regardless of the time of day
28 or the time of year, in residential property owned,
29 operated and managed by a public housing agency, in a
30 public park, in a courthouse, in a vacant building or on
31 property on which a vacant building is situated, on the
32 real property comprising any school, regardless of the
33 time of day or the time of year, on residential property
34 owned, operated and managed by a public housing agency,
-5- LRB9012068RCks
1 on the real property comprising any public park, on the
2 real property comprising any courthouse, in any
3 conveyance owned, leased or contracted by a school to
4 transport students to or from school or a school related
5 activity, or on any public way within 1,000 feet of the
6 real property comprising any school, public park,
7 courthouse, or residential property owned, operated, and
8 managed by a public housing agency, or on any public way
9 adjacent to real property on which a vacant building is
10 situated commits a Class 2 felony.
11 (1.5) A person who violates subsection 24-1(a)(4),
12 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
13 the time of day or the time of year, in residential
14 property owned, operated, and managed by a public housing
15 agency, in a public park, in a courthouse, in a vacant
16 building or on real property on which a vacant building
17 is situated, on the real property comprising any school,
18 regardless of the time of day or the time of year, on
19 residential property owned, operated, and managed by a
20 public housing agency, on the real property comprising
21 any public park, on the real property comprising any
22 courthouse, in any conveyance owned, leased, or
23 contracted by a school to transport students to or from
24 school or a school related activity, or on any public way
25 within 1,000 feet of the real property comprising any
26 school, public park, courthouse, or residential property
27 owned, operated, and managed by a public housing agency,
28 or on any public way adjacent to real property on which a
29 vacant building is situated commits a Class 3 felony.
30 (2) A person who violates subsection 24-1(a)(1) or
31 24-1(a)(3) in any school, regardless of the time of day
32 or the time of year, in residential property owned,
33 operated and managed by a public housing agency, in a
34 public park, in a courthouse, in a vacant building or on
-6- LRB9012068RCks
1 real property on which a vacant building is situated, on
2 the real property comprising any school, regardless of
3 the time of day or the time of year, on residential
4 property owned, operated and managed by a public housing
5 agency, on the real property comprising any public park,
6 on the real property comprising any courthouse, in any
7 conveyance owned, leased or contracted by a school to
8 transport students to or from school or a school related
9 activity, or on any public way within 1,000 feet of the
10 real property comprising any school, public park,
11 courthouse, or residential property owned, operated, and
12 managed by a public housing agency, or on any public way
13 adjacent to real property on which a vacant building is
14 situated commits a Class 4 felony. "Courthouse" means
15 any building that is used by the Circuit, Appellate, or
16 Supreme Court of this State for the conduct of official
17 business.
18 (3) Paragraphs (1), (1.5), and (2) of this
19 subsection (c) shall not apply to law enforcement
20 officers or security officers of such school, college, or
21 university or to students carrying or possessing firearms
22 for use in training courses, parades, hunting, target
23 shooting on school ranges, or otherwise with the consent
24 of school authorities and which firearms are transported
25 unloaded enclosed in a suitable case, box, or
26 transportation package.
27 (4) For the purposes of this subsection (c),
28 "school" means any public or private elementary or
29 secondary school, community college, college, or
30 university, and "vacant building" means a building that
31 has remained substantially unoccupied by persons legally
32 entitled to occupy the building, or at which
33 substantially all lawful business operations have ceased,
34 for at least 3 months prior to the occurrence of the
-7- LRB9012068RCks
1 offense.
2 (d) The presence in an automobile other than a public
3 omnibus of any weapon, instrument or substance referred to in
4 subsection (a)(7) is prima facie evidence that it is in the
5 possession of, and is being carried by, all persons occupying
6 such automobile at the time such weapon, instrument or
7 substance is found, except under the following circumstances:
8 (i) if such weapon, instrument or instrumentality is found
9 upon the person of one of the occupants therein; or (ii) if
10 such weapon, instrument or substance is found in an
11 automobile operated for hire by a duly licensed driver in the
12 due, lawful and proper pursuit of his trade, then such
13 presumption shall not apply to the driver.
14 (e) Exemptions. Crossbows, Common or Compound bows and
15 Underwater Spearguns are exempted from the definition of
16 ballistic knife as defined in paragraph (1) of subsection (a)
17 of this Section.
18 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
19 12-2-94; 88-680, eff. 1-1-95.)
20 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
21 Sec. 24-3. Unlawful Sale of Firearms. A person commits
22 the offense of unlawful sale of firearms when he knowingly:
23 (a) Sells or gives any firearm of a size which may be
24 concealed upon the person to any person under 18 years of
25 age; or
26 (b) Sells or gives any firearm to a person under 21
27 years of age who has been convicted of a misdemeanor other
28 than a traffic offense or adjudged delinquent; or
29 (c) Sells or gives any firearm to any narcotic addict;
30 or
31 (d) Sells or gives any firearm to any person who has
32 been convicted of a felony under the laws of this or any
33 other jurisdiction; or
-8- LRB9012068RCks
1 (e) Sells or gives any firearm to any person who has
2 been a patient in a mental hospital within the past 5 years;
3 or
4 (f) Sells or gives any firearms to any person who is
5 mentally retarded; or
6 (g) Delivers any firearm of a size which may be
7 concealed upon the person, incidental to a sale, without
8 withholding delivery of such firearm for at least 72 hours
9 after application for its purchase has been made, or delivers
10 any rifle, shotgun or other long gun, incidental to a sale,
11 without withholding delivery of such rifle, shotgun or other
12 long gun for at least 24 hours after application for its
13 purchase has been made. However, this paragraph shall not
14 apply to: (1) the sale of a firearm to a law enforcement
15 officer or a person who desires to purchase a firearm for use
16 in promoting the public interest incident to his employment
17 as a bank guard, armed truck guard, or other similar
18 employment; or (2) a mail order sale of a firearm to a
19 nonresident of Illinois under which the firearm is mailed to
20 a point outside the boundaries of Illinois; or (3) the sale
21 of a firearm to a nonresident of Illinois while at a firearm
22 showing or display recognized by the Illinois Department of
23 State Police; or (4) the sale of a firearm to a dealer
24 licensed under the Federal Firearms Act of the United States;
25 or
26 (h) While holding any license under the Federal "Gun
27 Control Act of 1968", as amended, as a dealer, importer,
28 manufacturer or pawnbroker; manufactures, sells or delivers
29 to any unlicensed person a handgun having a barrel, slide,
30 frame or receiver which is a die casting of zinc alloy or any
31 other nonhomogeneous metal which will melt or deform at a
32 temperature of less than 800 degrees Fahrenheit. For purposes
33 of this paragraph, (1) "firearm" is defined as in "An Act
34 relating to the acquisition, possession and transfer of
-9- LRB9012068RCks
1 firearms and firearm ammunition, to provide a penalty for the
2 violation thereof and to make an appropriation in connection
3 therewith", approved August 3, 1967, as amended; (2)
4 "handgun" is defined as a firearm designed to be held and
5 fired by the use of a single hand, and includes a combination
6 of parts from which a firearm can be assembled; or
7 (i) Sells or gives a firearm of any size to any person
8 under 18 years of age who does not possess a valid Firearm
9 Owner's Identification Card.
10 (j) Paragraph (h) of this Section shall not include
11 firearms sold within 6 months after enactment of this
12 amendatory Act of 1973, nor shall any firearm legally owned
13 or possessed by any citizen or purchased by any citizen
14 within 6 months after the enactment of this amendatory Act of
15 1973 be subject to confiscation or seizure under the
16 provisions of this amendatory Act of 1973. Nothing in this
17 amendatory Act of 1973 shall be construed to prohibit the
18 gift or trade of any firearm if that firearm was legally held
19 or acquired within 6 months after the enactment of this
20 amendatory Act of 1973.
21 (k) Sentence.
22 Any person convicted of unlawful sale of firearms in
23 violation of paragraphs (b) through (h) commits a Class 4
24 felony.
25 Any person convicted of unlawful sale of firearms in
26 violation of paragraph (a) or (i) commits a Class 3 felony.
27 Any person convicted of unlawful sale of firearms in
28 violation of paragraph (a) or (i) in any school, regardless
29 of the time of day or the time of year, in residential
30 property owned, operated, and managed by a public housing
31 agency, in a public park, in a courthouse, in a vacant
32 building or on real property on which a vacant building is
33 situated, on the real property comprising any school,
34 regardless of the time of day or the time of year, on
-10- LRB9012068RCks
1 residential property owned, operated, and managed by a public
2 housing agency, on the real property comprising any public
3 park, on the real property comprising any courthouse, in any
4 conveyance owned, leased, or contracted by a school to
5 transport students to or from school or a school related
6 activity, or on any public way within 1,000 feet of the real
7 property comprising any school, public park, courthouse, or
8 residential property owned, operated, and managed by a public
9 housing agency, or on any public way adjacent to real
10 property on which a vacant building is situated commits a
11 Class 2 felony. For purposes of this Section, "vacant
12 building" means a building that has remained substantially
13 unoccupied by persons legally entitled to occupy the
14 building, or at which substantially all lawful business
15 operations have ceased, for at least 3 months prior to the
16 occurrence of the offense.
17 (Source: P.A. 88-680, eff. 1-1-95.)
18 Section 10. The Illinois Controlled Substances Act is
19 amended by changing Section 407 as follows:
20 (720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
21 Sec. 407. (a) (1) Any person 18 years of age or over who
22 violates any subsection of Section 401 or subsection (b) of
23 Section 404 by delivering a controlled, counterfeit or
24 look-alike substance to a person under 18 years of age may be
25 sentenced to imprisonment for a term up to twice the maximum
26 term and fined an amount up to twice that amount otherwise
27 authorized by the pertinent subsection of Section 401 and
28 Subsection (b) of Section 404.
29 (2) Except as provided in paragraph (3) of this
30 subsection, any person who violates:
31 (A) subsection (c) of Section 401 by delivering or
32 possessing with intent to deliver a controlled,
-11- LRB9012068RCks
1 counterfeit, or look-alike substance in or on, or within
2 1,000 feet of, a truck stop or safety rest area, is
3 guilty of a Class 1 felony, the fine for which shall not
4 exceed $250,000;
5 (B) subsection (d) of Section 401 by delivering or
6 possessing with intent to deliver a controlled,
7 counterfeit, or look-alike substance in or on, or within
8 1,000 feet of, a truck stop or safety rest area, is
9 guilty of a Class 2 felony, the fine for which shall not
10 exceed $200,000;
11 (C) subsection (e) of Section 401 or subsection (b)
12 of Section 404 by delivering or possessing with intent to
13 deliver a controlled, counterfeit, or look-alike
14 substance in or on, or within 1,000 feet of, a truck stop
15 or safety rest area, is guilty of a Class 3 felony, the
16 fine for which shall not exceed $150,000;
17 (D) subsection (f) of Section 401 by delivering or
18 possessing with intent to deliver a controlled,
19 counterfeit, or look-alike substance in or on, or within
20 1,000 feet of, a truck stop or safety rest area, is
21 guilty of a Class 3 felony, the fine for which shall not
22 exceed $125,000;
23 (E) subsection (g) of Section 401 by delivering or
24 possessing with intent to deliver a controlled,
25 counterfeit, or look-alike substance in or on, or within
26 1,000 feet of, a truck stop or safety rest area, is
27 guilty of a Class 3 felony, the fine for which shall not
28 exceed $100,000;
29 (F) subsection (h) of Section 401 by delivering or
30 possessing with intent to deliver a controlled,
31 counterfeit, or look-alike substance in or on, or within
32 1,000 feet of, a truck stop or safety rest area, is
33 guilty of a Class 3 felony, the fine for which shall not
34 exceed $75,000;
-12- LRB9012068RCks
1 (3) Any person who violates paragraph (2) of this
2 subsection (a) by delivering or possessing with intent to
3 deliver a controlled, counterfeit, or look-alike substance in
4 or on, or within 1,000 feet of a truck stop or a safety rest
5 area, following a prior conviction or convictions of
6 paragraph (2) of this subsection (a) may be sentenced to a
7 term of imprisonment up to 2 times the maximum term and fined
8 an amount up to 2 times the amount otherwise authorized by
9 Section 401.
10 (4) For the purposes of this subsection (a):
11 (A) "Safety rest area" means a roadside facility
12 removed from the roadway with parking and facilities
13 designed for motorists' rest, comfort, and information
14 needs; and
15 (B) "Truck stop" means any facility (and its
16 parking areas) used to provide fuel or service, or both,
17 to any commercial motor vehicle as defined in Section
18 18b-101 of the Illinois Vehicle Code.
19 (b) Any person who violates:
20 (1) subsection (c) of Section 401 in any school, or
21 any conveyance owned, leased or contracted by a school to
22 transport students to or from school or a school related
23 activity, or residential property owned, operated and
24 managed by a public housing agency or public park, on the
25 real property comprising any school or residential
26 property owned, operated and managed by a public housing
27 agency or public park or on any public way within 1,000
28 feet of the real property comprising any school or
29 residential property owned, operated and managed by a
30 public housing agency or public park, on the real
31 property comprising any church, synagogue, or other
32 building, structure, or place used primarily for
33 religious worship, or on any public way within 1,000 feet
34 of the real property comprising any church, synagogue, or
-13- LRB9012068RCks
1 other building, structure, or place used primarily for
2 religious worship, on the real property comprising any of
3 the following places, buildings, or structures used
4 primarily for housing or providing space for activities
5 for senior citizens: nursing homes, assisted-living
6 centers, senior citizen housing complexes, or senior
7 centers oriented toward daytime activities, or on a
8 public way within 1,000 feet of the real property
9 comprising any of the following places, buildings, or
10 structures used primarily for housing or providing space
11 for activities for senior citizens: nursing homes,
12 assisted-living centers, senior citizen housing
13 complexes, or senior centers oriented toward daytime
14 activities, in a vacant building, on real property on
15 which a vacant building is situated, or on the public way
16 adjacent to real property on which a vacant building is
17 situated is guilty of a Class X felony, the fine for
18 which shall not exceed $500,000;
19 (2) subsection (d) of Section 401 in any school, or
20 any conveyance owned, leased or contracted by a school to
21 transport students to or from school or a school related
22 activity, or residential property owned, operated and
23 managed by a public housing agency or public park, on the
24 real property comprising any school or residential
25 property owned, operated and managed by a public housing
26 agency or public park or on any public way within 1,000
27 feet of the real property comprising any school or
28 residential property owned, operated and managed by a
29 public housing agency or public park, on the real
30 property comprising any church, synagogue, or other
31 building, structure, or place used primarily for
32 religious worship, or on any public way within 1,000 feet
33 of the real property comprising any church, synagogue, or
34 other building, structure, or place used primarily for
-14- LRB9012068RCks
1 religious worship, on the real property comprising any of
2 the following places, buildings, or structures used
3 primarily for housing or providing space for activities
4 for senior citizens: nursing homes, assisted-living
5 centers, senior citizen housing complexes, or senior
6 centers oriented toward daytime activities, or on a
7 public way within 1,000 feet of the real property
8 comprising any of the following places, buildings, or
9 structures used primarily for housing or providing space
10 for activities for senior citizens: nursing homes,
11 assisted-living centers, senior citizen housing
12 complexes, or senior centers oriented toward daytime
13 activities, or in a vacant building, on real property on
14 which a vacant building is situated, or on the public way
15 adjacent to real property on which a vacant building is
16 situated is guilty of a Class 1 felony, the fine for
17 which shall not exceed $250,000;
18 (3) subsection (e) of Section 401 or Subsection (b)
19 of Section 404 in any school, or any conveyance owned,
20 leased or contracted by a school to transport students to
21 or from school or a school related activity, or
22 residential property owned, operated and managed by a
23 public housing agency or public park, on the real
24 property comprising any school or residential property
25 owned, operated and managed by a public housing agency or
26 public park or on any public way within 1,000 feet of the
27 real property comprising any school or residential
28 property owned, operated and managed by a public housing
29 agency or public park, on the real property comprising
30 any church, synagogue, or other building, structure, or
31 place used primarily for religious worship, or on a
32 public way within 1,000 feet of the real property
33 comprising any church, synagogue, or other building,
34 structure, or place used primarily for religious worship,
-15- LRB9012068RCks
1 on the real property comprising any of the following
2 places, buildings, or structures used primarily for
3 housing or providing space for activities for senior
4 citizens: nursing homes, assisted-living centers, senior
5 citizen housing complexes, or senior centers oriented
6 toward daytime activities, or on a public way within
7 1,000 feet of the real property comprising any of the
8 following places, buildings, or structures used primarily
9 for housing or providing space for activities for senior
10 citizens: nursing homes, assisted-living centers, senior
11 citizen housing complexes, or senior centers oriented
12 toward daytime activities, or in a vacant building, on
13 real property on which a vacant building is situated, or
14 on the public way adjacent to real property on which a
15 vacant building is situated is guilty of a Class 2
16 felony, the fine for which shall not exceed $200,000;
17 (4) subsection (f) of Section 401 in any school, or
18 any conveyance owned, leased or contracted by a school to
19 transport students to or from school or a school related
20 activity, or residential property owned, operated and
21 managed by a public housing agency or public park, on the
22 real property comprising any school or residential
23 property owned, operated and managed by a public housing
24 agency or public park or on any public way within 1,000
25 feet of the real property comprising any school or
26 residential property owned, operated and managed by a
27 public housing agency or public park, on the real
28 property comprising any church, synagogue, or other
29 building, structure, or place used primarily for
30 religious worship, or on any public way within 1,000
31 feet of the real property comprising any church,
32 synagogue, or other building, structure, or place used
33 primarily for religious worship, on the real property
34 comprising any of the following places, buildings, or
-16- LRB9012068RCks
1 structures used primarily for housing or providing space
2 for activities for senior citizens: nursing homes,
3 assisted-living centers, senior citizen housing
4 complexes, or senior centers oriented toward daytime
5 activities, or on a public way within 1,000 feet of the
6 real property comprising any of the following places,
7 buildings, or structures used primarily for housing or
8 providing space for activities for senior citizens:
9 nursing homes, assisted-living centers, senior citizen
10 housing complexes, or senior centers oriented toward
11 daytime activities, or in a vacant building, on real
12 property on which a vacant building is situated, or on
13 the public way adjacent to real property on which a
14 vacant building is situated is guilty of a Class 2
15 felony, the fine for which shall not exceed $150,000;
16 (5) subsection (g) of Section 401 in any school, or
17 any conveyance owned, leased or contracted by a school to
18 transport students to or from school or a school related
19 activity, or residential property owned, operated and
20 managed by a public housing agency or public park, on the
21 real property comprising any school or residential
22 property owned, operated and managed by a public housing
23 agency or public park or on any public way within 1,000
24 feet of the real property comprising any school or
25 residential property owned, operated and managed by a
26 public housing agency or public park, on the real
27 property comprising any church, synagogue, or other
28 building, structure, or place used primarily for
29 religious worship, or on any public way within 1,000 feet
30 of the real property comprising any church, synagogue, or
31 other building, structure, or place used primarily for
32 religious worship, on the real property comprising any of
33 the following places, buildings, or structures used
34 primarily for housing or providing space for activities
-17- LRB9012068RCks
1 for senior citizens: nursing homes, assisted-living
2 centers, senior citizen housing complexes, or senior
3 centers oriented toward daytime activities, or on a
4 public way within 1,000 feet of the real property
5 comprising any of the following places, buildings, or
6 structures used primarily for housing or providing space
7 for activities for senior citizens: nursing homes,
8 assisted-living centers, senior citizen housing
9 complexes, or senior centers oriented toward daytime
10 activities, or in a vacant building, on real property on
11 which a vacant building is situated, or on the public way
12 adjacent to real property on which a vacant building is
13 situated is guilty of a Class 2 felony, the fine for
14 which shall not exceed $125,000;
15 (6) subsection (h) of Section 401 in any school, or
16 any conveyance owned, leased or contracted by a school to
17 transport students to or from school or a school related
18 activity, or residential property owned, operated and
19 managed by a public housing agency or public park, on the
20 real property comprising any school or residential
21 property owned, operated and managed by a public housing
22 agency or public park or on any public way within 1,000
23 feet of the real property comprising any school or
24 residential property owned, operated and managed by a
25 public housing agency or public park, on the real
26 property comprising any church, synagogue, or other
27 building, structure, or place used primarily for
28 religious worship, or on any public way within 1,000 feet
29 of the real property comprising any church, synagogue, or
30 other building, structure, or place used primarily for
31 religious worship, on the real property comprising any of
32 the following places, buildings, or structures used
33 primarily for housing or providing space for activities
34 for senior citizens: nursing homes, assisted-living
-18- LRB9012068RCks
1 centers, senior citizen housing complexes, or senior
2 centers oriented toward daytime activities, or on a
3 public way within 1,000 feet of the real property
4 comprising any of the following places, buildings, or
5 structures used primarily for housing or providing space
6 for activities for senior citizens: nursing homes,
7 assisted-living centers, senior citizen housing
8 complexes, or senior centers oriented toward daytime
9 activities, or in a vacant building, on real property on
10 which a vacant building is situated, or on the public way
11 adjacent to real property on which a vacant building is
12 situated is guilty of a Class 2 felony, the fine for
13 which shall not exceed $100,000.
14 (c) Regarding penalties prescribed in subsection (b) for
15 violations committed in a school or on or within 1,000 feet
16 of school property, the time of day, time of year and whether
17 classes were currently in session at the time of the offense
18 is irrelevant.
19 (d) For purposes of this Section, "vacant building"
20 means a building that has remained substantially unoccupied
21 by persons legally entitled to occupy the building, or at
22 which substantially all lawful business operations have
23 ceased, for at least 3 months prior to the occurrence of the
24 offense.
25 (Source: P.A. 89-451, eff. 1-1-97; 90-164, eff. 1-1-98.)
26 Section 15. The Unified Code of Corrections is amended
27 by changing Section 5-5-3 as follows:
28 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
29 Sec. 5-5-3. Disposition.
30 (a) Every person convicted of an offense shall be
31 sentenced as provided in this Section.
32 (b) The following options shall be appropriate
-19- LRB9012068RCks
1 dispositions, alone or in combination, for all felonies and
2 misdemeanors other than those identified in subsection (c) of
3 this Section:
4 (1) A period of probation.
5 (2) A term of periodic imprisonment.
6 (3) A term of conditional discharge.
7 (4) A term of imprisonment.
8 (5) An order directing the offender to clean up and
9 repair the damage, if the offender was convicted under
10 paragraph (h) of Section 21-1 of the Criminal Code of
11 1961.
12 (6) A fine.
13 (7) An order directing the offender to make
14 restitution to the victim under Section 5-5-6 of this
15 Code.
16 (8) A sentence of participation in a county impact
17 incarceration program under Section 5-8-1.2 of this Code.
18 Whenever an individual is sentenced for an offense based
19 upon an arrest for a violation of Section 11-501 of the
20 Illinois Vehicle Code, or a similar provision of a local
21 ordinance, and the professional evaluation recommends
22 remedial or rehabilitative treatment or education, neither
23 the treatment nor the education shall be the sole disposition
24 and either or both may be imposed only in conjunction with
25 another disposition. The court shall monitor compliance with
26 any remedial education or treatment recommendations contained
27 in the professional evaluation. Programs conducting alcohol
28 or other drug evaluation or remedial education must be
29 licensed by the Department of Human Services. However, if
30 the individual is not a resident of Illinois, the court may
31 accept an alcohol or other drug evaluation or remedial
32 education program in the state of such individual's
33 residence. Programs providing treatment must be licensed
34 under existing applicable alcoholism and drug treatment
-20- LRB9012068RCks
1 licensure standards.
2 In addition to any other fine or penalty required by law,
3 any individual convicted of a violation of Section 11-501 of
4 the Illinois Vehicle Code or a similar provision of local
5 ordinance, whose operation of a motor vehicle while in
6 violation of Section 11-501 or such ordinance proximately
7 caused an incident resulting in an appropriate emergency
8 response, shall be required to make restitution to a public
9 agency for the costs of that emergency response. Such
10 restitution shall not exceed $500 per public agency for each
11 such emergency response. For the purpose of this paragraph,
12 emergency response shall mean any incident requiring a
13 response by: a police officer as defined under Section 1-162
14 of the Illinois Vehicle Code; a fireman carried on the rolls
15 of a regularly constituted fire department; and an ambulance
16 as defined under Section 4.05 of the Emergency Medical
17 Services (EMS) Systems Act.
18 Neither a fine nor restitution shall be the sole
19 disposition for a felony and either or both may be imposed
20 only in conjunction with another disposition.
21 (c) (1) When a defendant is found guilty of first degree
22 murder the State may either seek a sentence of
23 imprisonment under Section 5-8-1 of this Code, or where
24 appropriate seek a sentence of death under Section 9-1 of
25 the Criminal Code of 1961.
26 (2) A period of probation, a term of periodic
27 imprisonment or conditional discharge shall not be
28 imposed for the following offenses. The court shall
29 sentence the offender to not less than the minimum term
30 of imprisonment set forth in this Code for the following
31 offenses, and may order a fine or restitution or both in
32 conjunction with such term of imprisonment:
33 (A) First degree murder where the death
34 penalty is not imposed.
-21- LRB9012068RCks
1 (B) Attempted first degree murder.
2 (C) A Class X felony.
3 (D) A violation of Section 401.1 or 407 of the
4 Illinois Controlled Substances Act, or a violation
5 of subdivision (c)(2) of Section 401 of that Act
6 which relates to more than 5 grams of a substance
7 containing cocaine or an analog thereof.
8 (E) A violation of Section 5.1 or 9 of the
9 Cannabis Control Act.
10 (F) A Class 2 or greater felony if the
11 offender had been convicted of a Class 2 or greater
12 felony within 10 years of the date on which he
13 committed the offense for which he is being
14 sentenced.
15 (G) Residential burglary.
16 (H) Criminal sexual assault, except as
17 otherwise provided in subsection (e) of this
18 Section.
19 (I) Aggravated battery of a senior citizen.
20 (J) A forcible felony if the offense was
21 related to the activities of an organized gang.
22 Before July 1, 1994, for the purposes of this
23 paragraph, "organized gang" means an association of
24 5 or more persons, with an established hierarchy,
25 that encourages members of the association to
26 perpetrate crimes or provides support to the members
27 of the association who do commit crimes.
28 Beginning July 1, 1994, for the purposes of
29 this paragraph, "organized gang" has the meaning
30 ascribed to it in Section 10 of the Illinois
31 Streetgang Terrorism Omnibus Prevention Act.
32 (K) Vehicular hijacking.
33 (L) A second or subsequent conviction for the
34 offense of hate crime when the underlying offense
-22- LRB9012068RCks
1 upon which the hate crime is based is felony
2 aggravated assault or felony mob action.
3 (M) A second or subsequent conviction for the
4 offense of institutional vandalism if the damage to
5 the property exceeds $300.
6 (N) A Class 3 felony violation of paragraph
7 (1) of subsection (a) of Section 2 of the Firearm
8 Owners Identification Card Act.
9 (O) A violation of Section 12-6.1 of the
10 Criminal Code of 1961.
11 (P) A violation of paragraph (1), (2), (3),
12 (4), (5), or (7) of subsection (a) of Section
13 11-20.1 of the Criminal Code of 1961.
14 (3) A minimum term of imprisonment of not less than
15 48 consecutive hours or 100 hours of community service as
16 may be determined by the court shall be imposed for a
17 second or subsequent violation committed within 5 years
18 of a previous violation of Section 11-501 of the Illinois
19 Vehicle Code or a similar provision of a local ordinance.
20 (4) A minimum term of imprisonment of not less than
21 7 consecutive days or 30 days of community service shall
22 be imposed for a violation of paragraph (c) of Section
23 6-303 of the Illinois Vehicle Code.
24 (4.1) A minimum term of 30 consecutive days of
25 imprisonment, 40 days of 24 hour periodic imprisonment or
26 720 hours of community service, as may be determined by
27 the court, shall be imposed for a violation of Section
28 11-501 of the Illinois Vehicle Code during a period in
29 which the defendant's driving privileges are revoked or
30 suspended, where the revocation or suspension was for a
31 violation of Section 11-501 or Section 11-501.1 of that
32 Code.
33 (5) The court may sentence an offender convicted of
34 a business offense or a petty offense or a corporation or
-23- LRB9012068RCks
1 unincorporated association convicted of any offense to:
2 (A) a period of conditional discharge;
3 (B) a fine;
4 (C) make restitution to the victim under
5 Section 5-5-6 of this Code.
6 (6) In no case shall an offender be eligible for a
7 disposition of probation or conditional discharge for a
8 Class 1 felony committed while he was serving a term of
9 probation or conditional discharge for a felony.
10 (7) When a defendant is adjudged a habitual
11 criminal under Article 33B of the Criminal Code of 1961,
12 the court shall sentence the defendant to a term of
13 natural life imprisonment.
14 (8) When a defendant, over the age of 21 years, is
15 convicted of a Class 1 or Class 2 felony, after having
16 twice been convicted of any Class 2 or greater Class
17 felonies in Illinois, and such charges are separately
18 brought and tried and arise out of different series of
19 acts, such defendant shall be sentenced as a Class X
20 offender. This paragraph shall not apply unless (1) the
21 first felony was committed after the effective date of
22 this amendatory Act of 1977; and (2) the second felony
23 was committed after conviction on the first; and (3) the
24 third felony was committed after conviction on the
25 second.
26 (9) A defendant convicted of a second or subsequent
27 offense of ritualized abuse of a child may be sentenced
28 to a term of natural life imprisonment.
29 (10) Beginning July 1, 1994, unless sentencing
30 under Section 33B-1 is applicable, a term of imprisonment
31 of not less than 15 years nor more than 50 years shall be
32 imposed on a defendant who violates Section 33A-2 of the
33 Criminal Code of 1961 with a firearm, when that person
34 has been convicted in any state or federal court of 3 or
-24- LRB9012068RCks
1 more of the following offenses: treason, first degree
2 murder, second degree murder, aggravated criminal sexual
3 assault, criminal sexual assault, robbery, burglary,
4 arson, kidnaping, aggravated battery resulting in great
5 bodily harm or permanent disability or disfigurement, or
6 a violation of Section 401(a) of the Illinois Controlled
7 Substances Act, when the third offense was committed
8 after conviction on the second, the second offense was
9 committed after conviction on the first, and the
10 violation of Section 33A-2 of the Criminal Code of 1961
11 was committed after conviction on the third.
12 (11) (a) Beginning July 1, 1994, a term of
13 imprisonment of not less than 10 years and not more than
14 30 years shall be imposed on a defendant who violates
15 Section 33A-2 with a Category I weapon where the offense
16 was committed in any school, or any conveyance owned,
17 leased, or contracted by a school to transport students
18 to or from school or a school related activity, on the
19 real property comprising any school or public park, and
20 where the offense was related to the activities of an
21 organized gang.
22 (b) Beginning on the effective date of this amendatory
23 Act of 1998, a term of imprisonment of not less than 10 years
24 and not more than 30 years shall be imposed on a defendant
25 who violates Section 33A-2 with a Category I weapon where the
26 offense was committed in a vacant building, on real property
27 in which a vacant building is situated, or on the public way
28 adjacent to real property on which a vacant building is
29 situated, and where the offense was related to the activities
30 of an organized gang.
31 (c) For the purposes of this paragraph (11), "organized
32 gang" has the meaning ascribed to it in Section 10 of the
33 Illinois Streetgang Terrorism Omnibus Prevention Act.
34 (d) In any case in which a sentence originally imposed
-25- LRB9012068RCks
1 is vacated, the case shall be remanded to the trial court.
2 The trial court shall hold a hearing under Section 5-4-1 of
3 the Unified Code of Corrections which may include evidence of
4 the defendant's life, moral character and occupation during
5 the time since the original sentence was passed. The trial
6 court shall then impose sentence upon the defendant. The
7 trial court may impose any sentence which could have been
8 imposed at the original trial subject to Section 5-5-4 of the
9 Unified Code of Corrections.
10 (e) In cases where prosecution for criminal sexual
11 assault or aggravated criminal sexual abuse under Section
12 12-13 or 12-16 of the Criminal Code of 1961 results in
13 conviction of a defendant who was a family member of the
14 victim at the time of the commission of the offense, the
15 court shall consider the safety and welfare of the victim and
16 may impose a sentence of probation only where:
17 (1) the court finds (A) or (B) or both are
18 appropriate:
19 (A) the defendant is willing to undergo a
20 court approved counseling program for a minimum
21 duration of 2 years; or
22 (B) the defendant is willing to participate in
23 a court approved plan including but not limited to
24 the defendant's:
25 (i) removal from the household;
26 (ii) restricted contact with the victim;
27 (iii) continued financial support of the
28 family;
29 (iv) restitution for harm done to the
30 victim; and
31 (v) compliance with any other measures
32 that the court may deem appropriate; and
33 (2) the court orders the defendant to pay for the
34 victim's counseling services, to the extent that the
-26- LRB9012068RCks
1 court finds, after considering the defendant's income and
2 assets, that the defendant is financially capable of
3 paying for such services, if the victim was under 18
4 years of age at the time the offense was committed and
5 requires counseling as a result of the offense.
6 Probation may be revoked or modified pursuant to Section
7 5-6-4; except where the court determines at the hearing that
8 the defendant violated a condition of his or her probation
9 restricting contact with the victim or other family members
10 or commits another offense with the victim or other family
11 members, the court shall revoke the defendant's probation and
12 impose a term of imprisonment.
13 For the purposes of this Section, "family member" and
14 "victim" shall have the meanings ascribed to them in Section
15 12-12 of the Criminal Code of 1961.
16 (f) This Article shall not deprive a court in other
17 proceedings to order a forfeiture of property, to suspend or
18 cancel a license, to remove a person from office, or to
19 impose any other civil penalty.
20 (g) Whenever a defendant is convicted of an offense
21 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
22 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
23 12-15 or 12-16 of the Criminal Code of 1961, the defendant
24 shall undergo medical testing to determine whether the
25 defendant has any sexually transmissible disease, including a
26 test for infection with human immunodeficiency virus (HIV) or
27 any other identified causative agent of acquired
28 immunodeficiency syndrome (AIDS). Any such medical test
29 shall be performed only by appropriately licensed medical
30 practitioners and may include an analysis of any bodily
31 fluids as well as an examination of the defendant's person.
32 Except as otherwise provided by law, the results of such test
33 shall be kept strictly confidential by all medical personnel
34 involved in the testing and must be personally delivered in a
-27- LRB9012068RCks
1 sealed envelope to the judge of the court in which the
2 conviction was entered for the judge's inspection in camera.
3 Acting in accordance with the best interests of the victim
4 and the public, the judge shall have the discretion to
5 determine to whom, if anyone, the results of the testing may
6 be revealed. The court shall notify the defendant of the test
7 results. The court shall also notify the victim if requested
8 by the victim, and if the victim is under the age of 15 and
9 if requested by the victim's parents or legal guardian, the
10 court shall notify the victim's parents or legal guardian of
11 the test results. The court shall provide information on the
12 availability of HIV testing and counseling at Department of
13 Public Health facilities to all parties to whom the results
14 of the testing are revealed and shall direct the State's
15 Attorney to provide the information to the victim when
16 possible. A State's Attorney may petition the court to obtain
17 the results of any HIV test administered under this Section,
18 and the court shall grant the disclosure if the State's
19 Attorney shows it is relevant in order to prosecute a charge
20 of criminal transmission of HIV under Section 12-16.2 of the
21 Criminal Code of 1961 against the defendant. The court shall
22 order that the cost of any such test shall be paid by the
23 county and may be taxed as costs against the convicted
24 defendant.
25 (g-5) When an inmate is tested for an airborne
26 communicable disease, as determined by the Illinois
27 Department of Public Health including but not limited to
28 tuberculosis, the results of the test shall be personally
29 delivered by the warden or his or her designee in a sealed
30 envelope to the judge of the court in which the inmate must
31 appear for the judge's inspection in camera if requested by
32 the judge. Acting in accordance with the best interests of
33 those in the courtroom, the judge shall have the discretion
34 to determine what if any precautions need to be taken to
-28- LRB9012068RCks
1 prevent transmission of the disease in the courtroom.
2 (h) Whenever a defendant is convicted of an offense
3 under Section 1 or 2 of the Hypodermic Syringes and Needles
4 Act, the defendant shall undergo medical testing to determine
5 whether the defendant has been exposed to human
6 immunodeficiency virus (HIV) or any other identified
7 causative agent of acquired immunodeficiency syndrome (AIDS).
8 Except as otherwise provided by law, the results of such test
9 shall be kept strictly confidential by all medical personnel
10 involved in the testing and must be personally delivered in a
11 sealed envelope to the judge of the court in which the
12 conviction was entered for the judge's inspection in camera.
13 Acting in accordance with the best interests of the public,
14 the judge shall have the discretion to determine to whom, if
15 anyone, the results of the testing may be revealed. The court
16 shall notify the defendant of a positive test showing an
17 infection with the human immunodeficiency virus (HIV). The
18 court shall provide information on the availability of HIV
19 testing and counseling at Department of Public Health
20 facilities to all parties to whom the results of the testing
21 are revealed and shall direct the State's Attorney to provide
22 the information to the victim when possible. A State's
23 Attorney may petition the court to obtain the results of any
24 HIV test administered under this Section, and the court
25 shall grant the disclosure if the State's Attorney shows it
26 is relevant in order to prosecute a charge of criminal
27 transmission of HIV under Section 12-16.2 of the Criminal
28 Code of 1961 against the defendant. The court shall order
29 that the cost of any such test shall be paid by the county
30 and may be taxed as costs against the convicted defendant.
31 (i) All fines and penalties imposed under this Section
32 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
33 Vehicle Code, or a similar provision of a local ordinance,
34 and any violation of the Child Passenger Protection Act, or a
-29- LRB9012068RCks
1 similar provision of a local ordinance, shall be collected
2 and disbursed by the circuit clerk as provided under Section
3 27.5 of the Clerks of Courts Act.
4 (j) In cases when prosecution for any violation of
5 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
6 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
7 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
8 12-16 of the Criminal Code of 1961, any violation of the
9 Illinois Controlled Substances Act, or any violation of the
10 Cannabis Control Act results in conviction, a disposition of
11 court supervision, or an order of probation granted under
12 Section 10 of the Cannabis Control Act or Section 410 of the
13 Illinois Controlled Substance Act of a defendant, the court
14 shall determine whether the defendant is employed by a
15 facility or center as defined under the Child Care Act of
16 1969, a public or private elementary or secondary school, or
17 otherwise works with children under 18 years of age on a
18 daily basis. When a defendant is so employed, the court
19 shall order the Clerk of the Court to send a copy of the
20 judgment of conviction or order of supervision or probation
21 to the defendant's employer by certified mail. If the
22 employer of the defendant is a school, the Clerk of the Court
23 shall direct the mailing of a copy of the judgment of
24 conviction or order of supervision or probation to the
25 appropriate regional superintendent of schools. The regional
26 superintendent of schools shall notify the State Board of
27 Education of any notification under this subsection.
28 (j-5) A defendant at least 17 years of age who is
29 convicted of a felony and who has not been previously
30 convicted of a misdemeanor or felony and who is sentenced to
31 a term of imprisonment in the Illinois Department of
32 Corrections shall as a condition of his or her sentence be
33 required by the court to attend educational courses designed
34 to prepare the defendant for a high school diploma and to
-30- LRB9012068RCks
1 work toward a high school diploma or to work toward passing
2 the high school level Test of General Educational Development
3 (GED) or to work toward completing a vocational training
4 program offered by the Department of Corrections. If a
5 defendant fails to complete the educational training required
6 by his or her sentence during the term of incarceration, the
7 Prisoner Review Board shall, as a condition of mandatory
8 supervised release, require the defendant, at his or her own
9 expense, to pursue a course of study toward a high school
10 diploma or passage of the GED test. The Prisoner Review
11 Board shall revoke the mandatory supervised release of a
12 defendant who wilfully fails to comply with this subsection
13 (j-5) upon his or her release from confinement in a penal
14 institution while serving a mandatory supervised release
15 term; however, the inability of the defendant after making a
16 good faith effort to obtain financial aid or pay for the
17 educational training shall not be deemed a wilful failure to
18 comply. The Prisoner Review Board shall recommit the
19 defendant whose mandatory supervised release term has been
20 revoked under this subsection (j-5) as provided in Section
21 3-3-9. This subsection (j-5) does not apply to a defendant
22 who has a high school diploma or has successfully passed the
23 GED test. This subsection (j-5) does not apply to a defendant
24 who is determined by the court to be developmentally disabled
25 or otherwise mentally incapable of completing the educational
26 or vocational program.
27 (k) A court may not impose a sentence or disposition for
28 a felony or misdemeanor that requires the defendant to be
29 implanted or injected with or to use any form of birth
30 control.
31 (l)(A) Except as provided in paragraph (C) of subsection
32 (l), whenever a defendant, who is an alien as defined by the
33 Immigration and Nationality Act, is convicted of any felony
34 or misdemeanor offense, the court after sentencing the
-31- LRB9012068RCks
1 defendant may, upon motion of the State's Attorney, hold
2 sentence in abeyance and remand the defendant to the custody
3 of the Attorney General of the United States or his or her
4 designated agent to be deported when:
5 (1) a final order of deportation has been issued
6 against the defendant pursuant to proceedings under the
7 Immigration and Nationality Act, and
8 (2) the deportation of the defendant would not
9 deprecate the seriousness of the defendant's conduct and
10 would not be inconsistent with the ends of justice.
11 Otherwise, the defendant shall be sentenced as provided
12 in this Chapter V.
13 (B) If the defendant has already been sentenced for a
14 felony or misdemeanor offense, or has been placed on
15 probation under Section 10 of the Cannabis Control Act or
16 Section 410 of the Illinois Controlled Substances Act, the
17 court may, upon motion of the State's Attorney to suspend the
18 sentence imposed, commit the defendant to the custody of the
19 Attorney General of the United States or his or her
20 designated agent when:
21 (1) a final order of deportation has been issued
22 against the defendant pursuant to proceedings under the
23 Immigration and Nationality Act, and
24 (2) the deportation of the defendant would not
25 deprecate the seriousness of the defendant's conduct and
26 would not be inconsistent with the ends of justice.
27 (C) This subsection (l) does not apply to offenders who
28 are subject to the provisions of paragraph (2) of subsection
29 (a) of Section 3-6-3.
30 (D) Upon motion of the State's Attorney, if a defendant
31 sentenced under this Section returns to the jurisdiction of
32 the United States, the defendant shall be recommitted to the
33 custody of the county from which he or she was sentenced.
34 Thereafter, the defendant shall be brought before the
-32- LRB9012068RCks
1 sentencing court, which may impose any sentence that was
2 available under Section 5-5-3 at the time of initial
3 sentencing. In addition, the defendant shall not be eligible
4 for additional good conduct credit for meritorious service as
5 provided under Section 3-6-6.
6 (Source: P.A. 89-8, eff. 3-21-95; 89-314, eff. 1-1-96;
7 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-477, eff.
8 6-18-96; 89-507, eff. 7-1-97; 89-545, eff. 7-25-96; 89-587,
9 eff. 7-31-96; 89-627, eff. 1-1-97; 89-688, eff. 6-1-97;
10 90-14, eff. 7-1-97; 90-68, eff. 7-8-97.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.