State of Illinois
91st General Assembly
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91_HB2879

                                               LRB9107331DJcd

 1        AN ACT concerning hate crime, 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 Section 12-7.1 as follows:

 6        (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
 7        Sec. 12-7.1.  Hate crime.
 8        (a)  A  person commits hate crime when, based in whole or
 9    in part upon by reason  of  the  actual  or  perceived  race,
10    color, creed, religion, ancestry, gender, sexual orientation,
11    physical  or mental disability, or national origin of another
12    individual or  group  of  individuals,  he  commits  assault,
13    battery,  aggravated  assault,  misdemeanor  theft,  criminal
14    trespass   to   residence,  misdemeanor  criminal  damage  to
15    property, criminal trespass to vehicle, criminal trespass  to
16    real  property,  mob  action  or  disorderly conduct as these
17    crimes are defined in Sections 12-1, 12-2, 12-3, 16-1,  19-4,
18    21-1,  21-2, 21-3, 25-1, and 26-1 of this Code, respectively,
19    or harassment by telephone as defined in Section 1-1  of  the
20    Harassing and Obscene Communications Act against a victim who
21    is:  (i)  the other individual; (ii) a member of the group of
22    individuals; (iii) a person who has an association  with,  is
23    married  to, or has a friendship with the other individual or
24    a member of the group of individuals; or (iv) a relative  (by
25    blood or marriage) of a person described in clause (i), (ii),
26    or (iii).
27        (b)  Hate  crime  is a Class 4 felony for a first offense
28    and a Class 2 felony for a second or subsequent offense.  Any
29    order of probation or conditional discharge entered following
30    a conviction for an offense under this Section shall include,
31    a  condition  that  the  offender perform public or community
 
                            -2-                LRB9107331DJcd
 1    service of  no  less  than  200  hours  if  that  service  is
 2    established in the county where the offender was convicted of
 3    hate  crime.   In  addition  the  court  may impose any other
 4    condition of probation or conditional  discharge  under  this
 5    Section.
 6        (c)  Independent  of  any  criminal  prosecution  or  the
 7    result  thereof, any person suffering injury to his person or
 8    damage to his property as a result of hate crime may bring  a
 9    civil  action  for  damages,  injunction or other appropriate
10    relief. The court may award actual damages, including damages
11    for emotional distress, or punitive damages. A  judgment  may
12    include  attorney's  fees  and  costs.   The parents or legal
13    guardians, other than guardians  appointed  pursuant  to  the
14    Juvenile  Court  Act or the Juvenile Court Act of 1987, of an
15    unemancipated minor shall be liable for  the  amount  of  any
16    judgment for actual damages rendered against such minor under
17    this  subsection  (c)  in any amount not exceeding the amount
18    provided under Section 5 of the Parental Responsibility Law.
19        (d)  "Sexual    orientation"    means    heterosexuality,
20    homosexuality, or bisexuality.
21    (Source: P.A. 89-689, eff. 12-31-96; 90-578, eff. 6-1-98.)

22        Section 10.  The Unified Code of Corrections  is  amended
23    by changing Section 5-5-3 as follows:

24        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
25        Sec. 5-5-3.  Disposition.
26        (a)  Every  person  convicted  of  an  offense  shall  be
27    sentenced as provided in this Section.
28        (b)  The   following   options   shall   be   appropriate
29    dispositions,  alone  or in combination, for all felonies and
30    misdemeanors other than those identified in subsection (c) of
31    this Section:
32             (1)  A period of probation.
 
                            -3-                LRB9107331DJcd
 1             (2)  A term of periodic imprisonment.
 2             (3)  A term of conditional discharge.
 3             (4)  A term of imprisonment.
 4             (5)  An order directing the offender to clean up and
 5        repair the damage, if the offender  was  convicted  under
 6        paragraph  (h)  of  Section  21-1 of the Criminal Code of
 7        1961.
 8             (6)  A fine.
 9             (7)  An  order  directing  the  offender   to   make
10        restitution  to  the  victim  under Section 5-5-6 of this
11        Code.
12             (8)  A sentence of participation in a county  impact
13        incarceration program under Section 5-8-1.2 of this Code.
14        Whenever  an individual is sentenced for an offense based
15    upon an arrest for a  violation  of  Section  11-501  of  the
16    Illinois  Vehicle  Code,  or  a  similar provision of a local
17    ordinance,  and  the   professional   evaluation   recommends
18    remedial  or  rehabilitative  treatment or education, neither
19    the treatment nor the education shall be the sole disposition
20    and either or both may be imposed only  in  conjunction  with
21    another  disposition. The court shall monitor compliance with
22    any remedial education or treatment recommendations contained
23    in the professional evaluation.  Programs conducting  alcohol
24    or  other  drug  evaluation  or  remedial  education  must be
25    licensed by the Department of Human  Services.   However,  if
26    the  individual  is not a resident of Illinois, the court may
27    accept an  alcohol  or  other  drug  evaluation  or  remedial
28    education   program   in   the  state  of  such  individual's
29    residence.  Programs providing  treatment  must  be  licensed
30    under  existing  applicable  alcoholism  and  drug  treatment
31    licensure standards.
32        In addition to any other fine or penalty required by law,
33    any  individual convicted of a violation of Section 11-501 of
34    the Illinois Vehicle Code or a  similar  provision  of  local
 
                            -4-                LRB9107331DJcd
 1    ordinance,  whose  operation  of  a  motor  vehicle  while in
 2    violation of Section 11-501  or  such  ordinance  proximately
 3    caused  an  incident  resulting  in  an appropriate emergency
 4    response, shall be required to make restitution to  a  public
 5    agency  for  the  costs  of  that  emergency  response.  Such
 6    restitution shall not exceed $500 per public agency for  each
 7    such  emergency response.  For the purpose of this paragraph,
 8    emergency  response  shall  mean  any  incident  requiring  a
 9    response by: a police officer as defined under Section  1-162
10    of  the Illinois Vehicle Code; a fireman carried on the rolls
11    of a regularly constituted fire department; and an  ambulance
12    as  defined  under  Section  4.05  of  the  Emergency Medical
13    Services (EMS) Systems Act.
14        Neither  a  fine  nor  restitution  shall  be  the   sole
15    disposition  for  a  felony and either or both may be imposed
16    only in conjunction with another disposition.
17        (c) (1)  When a defendant is found guilty of first degree
18        murder  the  State  may  either  seek   a   sentence   of
19        imprisonment  under  Section 5-8-1 of this Code, or where
20        appropriate seek a sentence of death under Section 9-1 of
21        the Criminal Code of 1961.
22             (2)  A period  of  probation,  a  term  of  periodic
23        imprisonment   or  conditional  discharge  shall  not  be
24        imposed for  the  following  offenses.  The  court  shall
25        sentence  the  offender to not less than the minimum term
26        of imprisonment set forth in this Code for the  following
27        offenses,  and may order a fine or restitution or both in
28        conjunction with such term of imprisonment:
29                  (A)  First  degree  murder  where   the   death
30             penalty is not imposed.
31                  (B)  Attempted first degree murder.
32                  (C)  A Class X felony.
33                  (D)  A violation of Section 401.1 or 407 of the
34             Illinois  Controlled  Substances Act, or a violation
 
                            -5-                LRB9107331DJcd
 1             of subdivision (c)(2) of Section  401  of  that  Act
 2             which  relates  to  more than 5 grams of a substance
 3             containing cocaine or an analog thereof.
 4                  (E)  A violation of Section 5.1  or  9  of  the
 5             Cannabis Control Act.
 6                  (F)  A   Class  2  or  greater  felony  if  the
 7             offender had been convicted of a Class 2 or  greater
 8             felony  within  10  years  of  the  date on which he
 9             committed  the  offense  for  which  he   is   being
10             sentenced.
11                  (G)  Residential burglary.
12                  (H)  Criminal   sexual   assault,   except   as
13             otherwise   provided   in  subsection  (e)  of  this
14             Section.
15                  (I)  Aggravated battery of a senior citizen.
16                  (J)  A  forcible  felony  if  the  offense  was
17             related to the activities of an organized gang.
18                  Before July 1, 1994, for the purposes  of  this
19             paragraph,  "organized gang" means an association of
20             5 or more persons, with  an  established  hierarchy,
21             that   encourages  members  of  the  association  to
22             perpetrate crimes or provides support to the members
23             of the association who do commit crimes.
24                  Beginning July 1, 1994,  for  the  purposes  of
25             this  paragraph,  "organized  gang"  has the meaning
26             ascribed  to  it  in  Section  10  of  the  Illinois
27             Streetgang Terrorism Omnibus Prevention Act.
28                  (K)  Vehicular hijacking.
29                  (L)  A second or subsequent conviction for  the
30             offense  of  Hate  crime when the underlying offense
31             upon  which  the  hate  crime  is  based  is  felony
32             aggravated assault or felony mob action.
33                  (M)  A second or subsequent conviction for  the
34             offense  of institutional vandalism if the damage to
 
                            -6-                LRB9107331DJcd
 1             the property exceeds $300.
 2                  (N)  A Class 3 felony  violation  of  paragraph
 3             (1)  of  subsection  (a) of Section 2 of the Firearm
 4             Owners Identification Card Act.
 5                  (O)  A  violation  of  Section  12-6.1  of  the
 6             Criminal Code of 1961.
 7                  (P)  A violation of paragraph  (1),  (2),  (3),
 8             (4),  (5),  or  (7)  of  subsection  (a)  of Section
 9             11-20.1 of the Criminal Code of 1961.
10                  (Q)  A  violation  of  Section  20-1.2  of  the
11             Criminal Code of 1961.
12                  (R) (Q)  A violation of Section  24-3A  of  the
13             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
 
                            -7-                LRB9107331DJcd
 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
 
                            -8-                LRB9107331DJcd
 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)  Beginning July 1, 1994, a term of imprisonment
13        of not less than 10 years and  not  more  than  30  years
14        shall  be  imposed  on  a  defendant who violates Section
15        33A-2 with a Category I  weapon  where  the  offense  was
16        committed in any school, or any conveyance owned, leased,
17        or  contracted  by  a  school to transport students to or
18        from school or a school related  activity,  on  the  real
19        property  comprising any school or public park, and where
20        the offense was related to the activities of an organized
21        gang.   For  the  purposes  of   this   paragraph   (11),
22        "organized  gang"  has  the  meaning  ascribed  to  it in
23        Section 10 of the Illinois Streetgang  Terrorism  Omnibus
24        Prevention Act.
25        (d)  In  any  case in which a sentence originally imposed
26    is vacated, the case shall be remanded to  the  trial  court.
27    The  trial  court shall hold a hearing under Section 5-4-1 of
28    the Unified Code of Corrections which may include evidence of
29    the defendant's life, moral character and  occupation  during
30    the  time  since the original sentence was passed.  The trial
31    court shall then impose sentence  upon  the  defendant.   The
32    trial  court  may  impose  any sentence which could have been
33    imposed at the original trial subject to Section 5-5-4 of the
34    Unified Code of Corrections.
 
                            -9-                LRB9107331DJcd
 1        (e)  In  cases  where  prosecution  for  criminal  sexual
 2    assault or aggravated criminal  sexual  abuse  under  Section
 3    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
 4    conviction of a defendant who was  a  family  member  of  the
 5    victim  at  the  time  of  the commission of the offense, the
 6    court shall consider the safety and welfare of the victim and
 7    may impose a sentence of probation only where:
 8             (1)  the  court  finds  (A)  or  (B)  or  both   are
 9        appropriate:
10                  (A)  the  defendant  is  willing  to  undergo a
11             court approved  counseling  program  for  a  minimum
12             duration of 2 years; or
13                  (B)  the defendant is willing to participate in
14             a  court  approved plan including but not limited to
15             the 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
21                  victim; and
22                       (v)  compliance with  any  other  measures
23                  that 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
26        court finds, after considering the defendant's income and
27        assets,  that  the  defendant  is  financially capable of
28        paying for such services, if  the  victim  was  under  18
29        years  of  age  at the time the offense was committed and
30        requires counseling as a result of the offense.
31        Probation may be revoked or modified pursuant to  Section
32    5-6-4;  except where the court determines at the hearing that
33    the defendant violated a condition of his  or  her  probation
34    restricting  contact  with the victim or other family members
 
                            -10-               LRB9107331DJcd
 1    or commits another offense with the victim  or  other  family
 2    members, the court shall revoke the defendant's probation and
 3    impose a term of imprisonment.
 4        For  the  purposes  of  this Section, "family member" and
 5    "victim" shall have the meanings ascribed to them in  Section
 6    12-12 of the Criminal Code of 1961.
 7        (f)  This  Article  shall  not  deprive  a court in other
 8    proceedings to order a forfeiture of property, to suspend  or
 9    cancel  a  license,  to  remove  a  person from office, or to
10    impose any other civil penalty.
11        (g)  Whenever a defendant  is  convicted  of  an  offense
12    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
13    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
14    12-15  or  12-16  of the Criminal Code of 1961, the defendant
15    shall  undergo  medical  testing  to  determine  whether  the
16    defendant has any sexually transmissible disease, including a
17    test for infection with human immunodeficiency virus (HIV) or
18    any   other   identified   causative   agent   of    acquired
19    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
20    shall be performed only  by  appropriately  licensed  medical
21    practitioners  and  may  include  an  analysis  of any bodily
22    fluids as well as an examination of the  defendant's  person.
23    Except as otherwise provided by law, the results of such test
24    shall  be kept strictly confidential by all medical personnel
25    involved in the testing and must be personally delivered in a
26    sealed envelope to the  judge  of  the  court  in  which  the
27    conviction  was entered for the judge's inspection in camera.
28    Acting in accordance with the best interests  of  the  victim
29    and  the  public,  the  judge  shall  have  the discretion to
30    determine to whom, if anyone, the results of the testing  may
31    be revealed. The court shall notify the defendant of the test
32    results.  The court shall also notify the victim if requested
33    by  the  victim, and if the victim is under the age of 15 and
34    if requested by the victim's parents or legal  guardian,  the
 
                            -11-               LRB9107331DJcd
 1    court  shall notify the victim's parents or legal guardian of
 2    the test results.  The court shall provide information on the
 3    availability of HIV testing and counseling at  Department  of
 4    Public  Health  facilities to all parties to whom the results
 5    of the testing are revealed  and  shall  direct  the  State's
 6    Attorney  to  provide  the  information  to  the  victim when
 7    possible. A State's Attorney may petition the court to obtain
 8    the results of any HIV test administered under this  Section,
 9    and  the  court  shall  grant  the  disclosure if the State's
10    Attorney shows it is relevant in order to prosecute a  charge
11    of  criminal transmission of HIV under Section 12-16.2 of the
12    Criminal Code of 1961 against the defendant.  The court shall
13    order that the cost of any such test shall  be  paid  by  the
14    county  and  may  be  taxed  as  costs  against the convicted
15    defendant.
16        (g-5)  When  an  inmate  is  tested   for   an   airborne
17    communicable   disease,   as   determined   by  the  Illinois
18    Department of Public Health  including  but  not  limited  to
19    tuberculosis,  the  results  of  the test shall be personally
20    delivered by the warden or his or her designee  in  a  sealed
21    envelope  to  the judge of the court in which the inmate must
22    appear for the judge's inspection in camera if  requested  by
23    the  judge.   Acting in accordance with the best interests of
24    those in the courtroom, the judge shall have  the  discretion
25    to  determine  what  if  any  precautions need to be taken to
26    prevent transmission of the disease in the courtroom.
27        (h)  Whenever a defendant  is  convicted  of  an  offense
28    under  Section  1 or 2 of the Hypodermic Syringes and Needles
29    Act, the defendant shall undergo medical testing to determine
30    whether   the   defendant   has   been   exposed   to   human
31    immunodeficiency  virus  (HIV)  or   any   other   identified
32    causative agent of acquired immunodeficiency syndrome (AIDS).
33    Except as otherwise provided by law, the results of such test
34    shall  be kept strictly confidential by all medical personnel
 
                            -12-               LRB9107331DJcd
 1    involved in the testing and must be personally delivered in a
 2    sealed envelope to the  judge  of  the  court  in  which  the
 3    conviction  was entered for the judge's inspection in camera.
 4    Acting in accordance with the best interests of  the  public,
 5    the  judge shall have the discretion to determine to whom, if
 6    anyone, the results of the testing may be revealed. The court
 7    shall notify the defendant of  a  positive  test  showing  an
 8    infection  with  the  human immunodeficiency virus (HIV). The
 9    court shall provide information on the  availability  of  HIV
10    testing   and  counseling  at  Department  of  Public  Health
11    facilities to all parties to whom the results of the  testing
12    are revealed and shall direct the State's Attorney to provide
13    the  information  to  the  victim  when  possible.  A State's
14    Attorney may petition the court to obtain the results of  any
15    HIV  test  administered  under  this   Section, and the court
16    shall grant the disclosure if the State's Attorney  shows  it
17    is  relevant  in  order  to  prosecute  a  charge of criminal
18    transmission of HIV under Section  12-16.2  of  the  Criminal
19    Code  of  1961  against  the defendant. The court shall order
20    that the cost of any such test shall be paid  by  the  county
21    and may be taxed as costs against the convicted defendant.
22        (i)  All  fines  and penalties imposed under this Section
23    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
24    Vehicle Code, or a similar provision of  a  local  ordinance,
25    and any violation of the Child Passenger Protection Act, or a
26    similar  provision  of  a local ordinance, shall be collected
27    and disbursed by the circuit clerk as provided under  Section
28    27.5 of the Clerks of Courts Act.
29        (j)  In  cases  when  prosecution  for  any  violation of
30    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
31    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
32    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
33    12-16  of  the  Criminal  Code  of 1961, any violation of the
34    Illinois Controlled Substances Act, or any violation  of  the
 
                            -13-               LRB9107331DJcd
 1    Cannabis  Control Act results in conviction, a disposition of
 2    court supervision, or an order  of  probation  granted  under
 3    Section  10 of the Cannabis Control Act or Section 410 of the
 4    Illinois Controlled Substance Act of a defendant,  the  court
 5    shall  determine  whether  the  defendant  is  employed  by a
 6    facility or center as defined under the  Child  Care  Act  of
 7    1969,  a public or private elementary or secondary school, or
 8    otherwise works with children under 18  years  of  age  on  a
 9    daily  basis.   When  a  defendant  is so employed, the court
10    shall order the Clerk of the Court to  send  a  copy  of  the
11    judgment  of  conviction or order of supervision or probation
12    to  the  defendant's  employer  by  certified  mail.  If  the
13    employer of the defendant is a school, the Clerk of the Court
14    shall direct the  mailing  of  a  copy  of  the  judgment  of
15    conviction  or  order  of  supervision  or  probation  to the
16    appropriate regional superintendent of schools.  The regional
17    superintendent of schools shall notify  the  State  Board  of
18    Education of any notification under this subsection.
19        (j-5)  A  defendant  at  least  17  years  of  age who is
20    convicted of  a  felony  and  who  has  not  been  previously
21    convicted  of a misdemeanor or felony and who is sentenced to
22    a  term  of  imprisonment  in  the  Illinois  Department   of
23    Corrections  shall  as  a condition of his or her sentence be
24    required by the court to attend educational courses  designed
25    to  prepare  the  defendant  for a high school diploma and to
26    work toward a high school diploma or to work  toward  passing
27    the high school level Test of General Educational Development
28    (GED)  or  to  work  toward  completing a vocational training
29    program offered by  the  Department  of  Corrections.   If  a
30    defendant fails to complete the educational training required
31    by  his or her sentence during the term of incarceration, the
32    Prisoner Review Board shall,  as  a  condition  of  mandatory
33    supervised  release, require the defendant, at his or her own
34    expense, to pursue a course of study  toward  a  high  school
 
                            -14-               LRB9107331DJcd
 1    diploma  or  passage  of  the  GED test.  The Prisoner Review
 2    Board shall revoke the  mandatory  supervised  release  of  a
 3    defendant  who  wilfully fails to comply with this subsection
 4    (j-5) upon his or her release from  confinement  in  a  penal
 5    institution  while  serving  a  mandatory  supervised release
 6    term; however, the inability of the defendant after making  a
 7    good  faith  effort  to  obtain  financial aid or pay for the
 8    educational training shall not be deemed a wilful failure  to
 9    comply.    The  Prisoner  Review  Board  shall  recommit  the
10    defendant whose mandatory supervised release  term  has  been
11    revoked  under  this  subsection (j-5) as provided in Section
12    3-3-9.  This subsection (j-5) does not apply to  a  defendant
13    who  has a high school diploma or has successfully passed the
14    GED test. This subsection (j-5) does not apply to a defendant
15    who is determined by the court to be developmentally disabled
16    or otherwise mentally incapable of completing the educational
17    or vocational program.
18        (k)  A court may not impose a sentence or disposition for
19    a felony or misdemeanor that requires  the  defendant  to  be
20    implanted  or  injected  with  or  to  use  any form of birth
21    control.
22        (l) (A)  Except  as  provided   in   paragraph   (C)   of
23        subsection  (l), whenever a defendant, who is an alien as
24        defined  by  the  Immigration  and  Nationality  Act,  is
25        convicted of any felony or misdemeanor offense, the court
26        after sentencing the defendant may, upon  motion  of  the
27        State's  Attorney,  hold  sentence in abeyance and remand
28        the defendant to the custody of the Attorney  General  of
29        the  United  States  or his or her designated agent to be
30        deported when:
31                  (1)  a final  order  of  deportation  has  been
32             issued against the defendant pursuant to proceedings
33             under the Immigration and Nationality Act, and
34                  (2)  the deportation of the defendant would not
 
                            -15-               LRB9107331DJcd
 1             deprecate the seriousness of the defendant's conduct
 2             and  would  not  be  inconsistent  with  the ends of
 3             justice.
 4             Otherwise,  the  defendant  shall  be  sentenced  as
 5        provided in this Chapter V.
 6             (B)  If the defendant has already been sentenced for
 7        a felony or misdemeanor offense, or has  been  placed  on
 8        probation under Section 10 of the Cannabis Control Act or
 9        Section  410  of  the Illinois Controlled Substances Act,
10        the court may, upon motion of  the  State's  Attorney  to
11        suspend the sentence imposed, commit the defendant to the
12        custody  of  the Attorney General of the United States or
13        his or her designated agent when:
14                  (1)  a final  order  of  deportation  has  been
15             issued against the defendant pursuant to proceedings
16             under 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
20             justice.
21             (C)  This subsection (l) does not apply to offenders
22        who are subject to the provisions  of  paragraph  (2)  of
23        subsection (a) of Section 3-6-3.
24             (D)  Upon  motion  of  the  State's  Attorney,  if a
25        defendant sentenced under this  Section  returns  to  the
26        jurisdiction of the United States, the defendant shall be
27        recommitted to the custody of the county from which he or
28        she  was  sentenced.  Thereafter,  the defendant shall be
29        brought before the sentencing court, which may impose any
30        sentence that was available under Section  5-5-3  at  the
31        time  of  initial sentencing.  In addition, the defendant
32        shall not be eligible for additional good conduct  credit
33        for meritorious service as provided under Section 3-6-6.
34        (m)  A   person   convicted  of  criminal  defacement  of
 
                            -16-               LRB9107331DJcd
 1    property under Section 21-1.3 of the Criminal Code  of  1961,
 2    in  which  the  property damage exceeds $300 and the property
 3    damaged is a school building, shall  be  ordered  to  perform
 4    community  service  that  may  include  cleanup,  removal, or
 5    painting over the defacement.
 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; 90-680, eff.  1-1-99;
11    90-685, eff. 1-1-99; 90-787, eff. 8-14-98; revised 9-16-98.)

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