State of Illinois
92nd General Assembly
Legislation

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92_HB0374

 
                                              LRB9204100DHpcA

 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Vehicle  Code  is amended by
 5    changing Sections 6-206 and 11-907 as follows:

 6        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
 7        Sec. 6-206.  Discretionary authority to suspend or revoke
 8    license or permit; Right to a hearing.
 9        (a)  The Secretary of State is authorized to  suspend  or
10    revoke   the   driving   privileges  of  any  person  without
11    preliminary hearing upon a showing of the person's records or
12    other sufficient evidence that the person:
13             1.  Has committed an  offense  for  which  mandatory
14        revocation  of  a  driver's license or permit is required
15        upon conviction;
16             2.  Has been convicted of not less than  3  offenses
17        against  traffic  regulations  governing  the movement of
18        vehicles  committed  within  any  12  month  period.   No
19        revocation or suspension shall be  entered  more  than  6
20        months after the date of last conviction;
21             3.  Has  been  repeatedly  involved  as  a driver in
22        motor vehicle collisions or has been repeatedly convicted
23        of offenses against laws and  ordinances  regulating  the
24        movement  of  traffic, to a degree that indicates lack of
25        ability to exercise ordinary and reasonable care  in  the
26        safe  operation  of a motor vehicle or disrespect for the
27        traffic laws and the safety of  other  persons  upon  the
28        highway;
29             4.  Has by the unlawful operation of a motor vehicle
30        caused  or  contributed to an accident resulting in death
31        or injury requiring immediate professional treatment in a
 
                            -2-               LRB9204100DHpcA
 1        medical facility or doctor's office to any person, except
 2        that  any  suspension  or  revocation  imposed   by   the
 3        Secretary   of   State   under  the  provisions  of  this
 4        subsection shall start no later than 6 months after being
 5        convicted of violating a law or ordinance regulating  the
 6        movement  of  traffic,  which violation is related to the
 7        accident, or shall start not more than one year after the
 8        date of the accident, whichever date occurs later;
 9             5.  Has permitted an unlawful or fraudulent use of a
10        driver's license, identification card, or permit;
11             6.  Has been lawfully convicted  of  an  offense  or
12        offenses  in  another  state, including the authorization
13        contained in Section 6-203.1, which if  committed  within
14        this State would be grounds for suspension or revocation;
15             7.  Has   refused   or   failed   to  submit  to  an
16        examination provided for by Section 6-207 or  has  failed
17        to pass the examination;
18             8.  Is  ineligible  for a driver's license or permit
19        under the provisions of Section 6-103;
20             9.  Has  made  a  false   statement   or   knowingly
21        concealed  a  material fact or has used false information
22        or identification  in  any  application  for  a  license,
23        identification card, or permit;
24             10.  Has   possessed,  displayed,  or  attempted  to
25        fraudulently use any  license,  identification  card,  or
26        permit not issued to the person;
27             11.  Has  operated a motor vehicle upon a highway of
28        this  State  when  the  person's  driving  privilege   or
29        privilege  to  obtain  a  driver's  license or permit was
30        revoked or suspended unless the operation was  authorized
31        by  a  judicial  driving  permit, probationary license to
32        drive, or a restricted driving permit issued  under  this
33        Code;
34             12.  Has submitted to any portion of the application
 
                            -3-               LRB9204100DHpcA
 1        process  for  another person or has obtained the services
 2        of another  person  to  submit  to  any  portion  of  the
 3        application  process  for  the  purpose  of  obtaining  a
 4        license,  identification  card,  or permit for some other
 5        person;
 6             13.  Has operated a motor vehicle upon a highway  of
 7        this  State  when the person's driver's license or permit
 8        was invalid under the provisions of Sections 6-107.1  and
 9        6-110;
10             14.  Has  committed  a  violation  of Section 6-301,
11        6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
12        14B of the Illinois Identification Card Act;
13             15.  Has been convicted of violating Section 21-2 of
14        the  Criminal  Code of 1961 relating to criminal trespass
15        to vehicles in which case, the suspension  shall  be  for
16        one year;
17             16.  Has  been convicted of violating Section 11-204
18        of this Code relating to fleeing from a police officer;
19             17.  Has refused to submit to a test, or  tests,  as
20        required  under  Section  11-501.1  of  this Code and the
21        person has not  sought  a  hearing  as  provided  for  in
22        Section 11-501.1;
23             18.  Has,  since  issuance  of a driver's license or
24        permit, been adjudged to be afflicted with  or  suffering
25        from any mental disability or disease;
26             19.  Has  committed  a violation of paragraph (a) or
27        (b) of  Section  6-101  relating  to  driving  without  a
28        driver's license;
29             20.  Has  been  convicted of violating Section 6-104
30        relating to classification of driver's license;
31             21.  Has been convicted of violating Section  11-402
32        of this Code relating to leaving the scene of an accident
33        resulting  in damage to a vehicle in excess of $1,000, in
34        which case the suspension shall be for one year;
 
                            -4-               LRB9204100DHpcA
 1             22.  Has used a motor vehicle in violating paragraph
 2        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
 3        of  the Criminal Code of 1961 relating to unlawful use of
 4        weapons, in which case the suspension shall  be  for  one
 5        year;
 6             23.  Has,  as a driver, been convicted of committing
 7        a violation of paragraph (a) of Section  11-502  of  this
 8        Code for a second or subsequent time within one year of a
 9        similar violation;
10             24.  Has   been  convicted  by  a  court-martial  or
11        punished   by   non-judicial   punishment   by   military
12        authorities  of  the  United   States   at   a   military
13        installation  in  Illinois  of  or  for a traffic related
14        offense that is the same as  or  similar  to  an  offense
15        specified under Section 6-205 or 6-206 of this Code;
16             25.  Has  permitted any form of identification to be
17        used by another in the application process  in  order  to
18        obtain  or  attempt  to  obtain a license, identification
19        card, or permit;
20             26.  Has altered or attempted to alter a license  or
21        has possessed an altered license, identification card, or
22        permit;
23             27.  Has violated Section 6-16 of the Liquor Control
24        Act of 1934;
25             28.  Has  been  convicted of the illegal possession,
26        while operating or  in  actual  physical  control,  as  a
27        driver,  of  a motor vehicle, of any controlled substance
28        prohibited under the Illinois Controlled  Substances  Act
29        or  any  cannabis  prohibited under the provisions of the
30        Cannabis Control Act, in which case the person's  driving
31        privileges  shall  be  suspended  for  one  year, and any
32        driver  who  is  convicted  of  a  second  or  subsequent
33        offense, within 5 years of a previous conviction, for the
34        illegal possession, while operating or in actual physical
 
                            -5-               LRB9204100DHpcA
 1        control,  as  a  driver,  of  a  motor  vehicle,  of  any
 2        controlled substance prohibited under the  provisions  of
 3        the  Illinois  Controlled  Substances Act or any cannabis
 4        prohibited  under  the  Cannabis  Control  Act  shall  be
 5        suspended for 5 years. Any defendant found guilty of this
 6        offense while operating a motor vehicle,  shall  have  an
 7        entry  made  in  the  court record by the presiding judge
 8        that this offense  did  occur  while  the  defendant  was
 9        operating  a  motor  vehicle  and  order the clerk of the
10        court to report the violation to the Secretary of State;
11             29.  Has been convicted of  the  following  offenses
12        that  were committed while the person was operating or in
13        actual physical control, as a driver, of a motor vehicle:
14        criminal  sexual  assault,  predatory   criminal   sexual
15        assault  of  a child, aggravated criminal sexual assault,
16        criminal sexual abuse, aggravated criminal sexual  abuse,
17        juvenile  pimping,  soliciting  for a juvenile prostitute
18        and the  manufacture,  sale  or  delivery  of  controlled
19        substances  or  instruments  used for illegal drug use or
20        abuse in which case the driver's driving privileges shall
21        be suspended for one year;
22             30.  Has been convicted a second or subsequent  time
23        for any combination of the offenses named in paragraph 29
24        of  this  subsection,  in which case the person's driving
25        privileges shall be suspended for 5 years;
26             31.  Has refused to submit to a test as required  by
27        Section  11-501.6 or has submitted to a test resulting in
28        an alcohol concentration of 0.08 or more or any amount of
29        a  drug,  substance,  or  compound  resulting  from   the
30        unlawful  use or consumption of cannabis as listed in the
31        Cannabis Control Act or a controlled substance as  listed
32        in  the  Illinois Controlled Substances Act in which case
33        the penalty shall be as prescribed in Section 6-208.1;
34             32.  Has been convicted of  Section  24-1.2  of  the
 
                            -6-               LRB9204100DHpcA
 1        Criminal   Code   of  1961  relating  to  the  aggravated
 2        discharge of a firearm if the offender was located  in  a
 3        motor  vehicle at the time the firearm was discharged, in
 4        which case the suspension shall be for 3 years;
 5             33.  Has as  a driver, who was less than 21 years of
 6        age on the date of the offense, been  convicted  a  first
 7        time of a violation of paragraph (a) of Section 11-502 of
 8        this Code or a similar provision of a local ordinance;
 9             34.  Has  committed a violation of Section 11-1301.5
10        of this Code;
11             35.  Has committed a violation of Section  11-1301.6
12        of this Code; or
13             36.  Is  under  the  age  of 21 years at the time of
14        arrest and has  been    convicted  of  not  less  than  2
15        offenses  against  traffic  regulations    governing  the
16        movement  of  vehicles  committed  within  any  24  month
17        period.   No  revocation  or  suspension shall be entered
18        more than 6  months after the date  of  last  conviction;
19        or.
20             37.  Has  committed a violation of subsection (c) of
21        Section 11-907 of this Code.
22        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
23    and  27  of  this  subsection,  license  means  any  driver's
24    license, any traffic ticket issued when the person's driver's
25    license  is  deposited  in  lieu of bail, a suspension notice
26    issued by the Secretary of State, a  duplicate  or  corrected
27    driver's  license,  a  probationary  driver's  license  or  a
28    temporary driver's license.
29        (b)  If  any conviction forming the basis of a suspension
30    or revocation authorized under this Section is appealed,  the
31    Secretary  of  State may rescind or withhold the entry of the
32    order of suspension  or  revocation,  as  the  case  may  be,
33    provided  that a certified copy of a stay order of a court is
34    filed with the Secretary of  State.   If  the  conviction  is
 
                            -7-               LRB9204100DHpcA
 1    affirmed  on  appeal, the date of the conviction shall relate
 2    back to the time the  original  judgment  of  conviction  was
 3    entered  and  the  6  month  limitation  prescribed shall not
 4    apply.
 5        (c) 1.  Upon suspending or revoking the driver's  license
 6        or  permit  of  any person as authorized in this Section,
 7        the Secretary  of  State  shall  immediately  notify  the
 8        person  in  writing  of the revocation or suspension. The
 9        notice to be deposited in the United States mail, postage
10        prepaid, to the last known address of the person.
11             2.  If the Secretary of State suspends the  driver's
12        license  of  a person under subsection 2 of paragraph (a)
13        of this  Section,  a  person's  privilege  to  operate  a
14        vehicle as an occupation shall not be suspended, provided
15        an  affidavit  is properly completed, the appropriate fee
16        received, and a permit issued prior to the effective date
17        of the suspension, unless 5 offenses were  committed,  at
18        least  2  of  which occurred while operating a commercial
19        vehicle  in  connection   with   the   driver's   regular
20        occupation.   All   other  driving  privileges  shall  be
21        suspended by the Secretary of State. Any driver prior  to
22        operating  a  vehicle for occupational purposes only must
23        submit the affidavit on  forms  to  be  provided  by  the
24        Secretary  of  State  setting  forth  the  facts  of  the
25        person's  occupation.  The affidavit shall also state the
26        number of offenses committed while operating a vehicle in
27        connection with  the  driver's  regular  occupation.  The
28        affidavit  shall  be accompanied by the driver's license.
29        Upon receipt  of  a  properly  completed  affidavit,  the
30        Secretary  of  State  shall  issue the driver a permit to
31        operate a vehicle in connection with the driver's regular
32        occupation only. Unless  the  permit  is  issued  by  the
33        Secretary  of  State prior to the date of suspension, the
34        privilege to drive any motor vehicle shall  be  suspended
 
                            -8-               LRB9204100DHpcA
 1        as  set  forth  in  the notice that was mailed under this
 2        Section. If an affidavit is received  subsequent  to  the
 3        effective date of this suspension, a permit may be issued
 4        for the remainder of the suspension period.
 5             The  provisions of this subparagraph shall not apply
 6        to any driver required to obtain  a  commercial  driver's
 7        license  under  Section  6-507  during  the  period  of a
 8        disqualification of commercial driving  privileges  under
 9        Section 6-514.
10             Any  person  who  falsely  states  any  fact  in the
11        affidavit required herein  shall  be  guilty  of  perjury
12        under  Section  6-302  and  upon conviction thereof shall
13        have  all  driving  privileges  revoked  without  further
14        rights.
15             3.  At the conclusion of  a  hearing  under  Section
16        2-118  of  this Code, the Secretary of State shall either
17        rescind or continue  an  order  of  revocation  or  shall
18        substitute   an  order  of  suspension;  or,  good  cause
19        appearing therefor, rescind, continue, change, or  extend
20        the  order of suspension.  If the Secretary of State does
21        not  rescind  the   order,   the   Secretary   may   upon
22        application,   to   relieve   undue   hardship,  issue  a
23        restricted  driving  permit  granting  the  privilege  of
24        driving  a  motor  vehicle   between   the   petitioner's
25        residence  and petitioner's place of employment or within
26        the scope of his employment related duties, or  to  allow
27        transportation  for the petitioner, or a household member
28        of the petitioner's family, to receive necessary  medical
29        care   and  if  the  professional  evaluation  indicates,
30        provide   transportation   for   alcohol   remedial    or
31        rehabilitative  activity, or for the petitioner to attend
32        classes, as  a  student,  in  an  accredited  educational
33        institution;  if  the  petitioner  is able to demonstrate
34        that no alternative means of transportation is reasonably
 
                            -9-               LRB9204100DHpcA
 1        available and the petitioner will not endanger the public
 2        safety or welfare. In each case the Secretary may issue a
 3        restricted   driving   permit   for   a   period   deemed
 4        appropriate, except that all permits shall expire  within
 5        one year from the date of issuance.  A restricted driving
 6        permit  issued  under  this  Section  shall be subject to
 7        cancellation, revocation, and suspension by the Secretary
 8        of State in like manner and for like cause as a  driver's
 9        license issued under this Code may be cancelled, revoked,
10        or  suspended;  except that a conviction upon one or more
11        offenses  against  laws  or  ordinances  regulating   the
12        movement  of traffic shall be deemed sufficient cause for
13        the  revocation,  suspension,  or   cancellation   of   a
14        restricted driving permit. The Secretary of State may, as
15        a  condition  to  the  issuance  of  a restricted driving
16        permit,  require  the  applicant  to  participate  in   a
17        designated driver remedial or rehabilitative program. The
18        Secretary  of  State is authorized to cancel a restricted
19        driving permit if the permit holder does not successfully
20        complete the program.
21        (c-5)  The Secretary of State may, as a condition of  the
22    reissuance  of  a  driver's license or permit to an applicant
23    under the age of 18 years whose driver's  license  or  permit
24    has  been suspended pursuant to any of the provisions of this
25    Section, require the applicant to  participate  in  a  driver
26    remedial education course and be retested under Section 6-109
27    of this Code.
28        (d)  This  Section  is  subject  to the provisions of the
29    Drivers License Compact.
30        (e)  The Secretary of State shall not issue a  restricted
31    driving  permit  to  a person under the age of 16 years whose
32    driving privileges have been suspended or  revoked under  any
33    provisions of this Code.
34    (Source: P.A.  89-283,  eff.  1-1-96;  89-428, eff. 12-13-95;
 
                            -10-              LRB9204100DHpcA
 1    89-462,  eff.  5-29-96;  90-43,  eff.  7-2-97;  90-106,  eff.
 2    1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)

 3        (625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
 4        Sec. 11-907. Operation  of  vehicles  and  streetcars  on
 5    approach of authorized emergency vehicles.
 6        (a)  Upon   the   immediate  approach  of  an  authorized
 7    emergency vehicle making use of audible  and  visual  signals
 8    meeting  the  requirements  of  this Code or a police vehicle
 9    properly and lawfully making use  of  an  audible  or  visual
10    signal,
11             (1)  the  driver  of every other vehicle shall yield
12        the  right-of-way  and  shall  immediately  drive  to   a
13        position  parallel  to,  and as close as possible to, the
14        right-hand edge or curb  of  the  highway  clear  of  any
15        intersection  and  shall, if necessary to permit the safe
16        passage of the emergency vehicle, stop and remain in such
17        position  until  the  authorized  emergency  vehicle  has
18        passed, unless otherwise directed by a police officer and
19             (2) the   operator   of   every   streetcar    shall
20        immediately  stop  such car clear of any intersection and
21        keep it in such position until the  authorized  emergency
22        vehicle has passed, unless otherwise directed by a police
23        officer.
24        (b)  This Section shall not operate to relieve the driver
25    of  an  authorized  emergency  vehicle from the duty to drive
26    with due regard for the  safety  of  all  persons  using  the
27    highway.
28        (c)  Upon  approaching  a stationary authorized emergency
29    vehicle, when the authorized emergency vehicle  is  giving  a
30    signal by displaying alternately flashing red, red and white,
31    blue,  or  red  and  blue  lights,  a  person  who  drives an
32    approaching vehicle shall:
33             (1)  proceeding  with   due   caution,   yield   the
 
                            -11-              LRB9204100DHpcA
 1        right-of-way  by  making  a  lane  change into a lane not
 2        adjacent to that of the authorized emergency vehicle,  if
 3        possible   with   due   regard   to  safety  and  traffic
 4        conditions, if on a highway having at least 4 lanes  with
 5        not less than 2 lanes proceeding in the same direction as
 6        the approaching vehicle; or
 7             (2)  proceeding  with  due caution, reduce the speed
 8        of  the  vehicle,  maintaining  a  safe  speed  for  road
 9        conditions, if changing  lanes  would  be  impossible  or
10        unsafe.
11        (d)  If  a  violation  of  subsection (c) of this Section
12    results in damage to  the  property  of  another  person,  in
13    addition  to  any other penalty imposed, the person's driving
14    privileges shall be suspended for a fixed period of not  less
15    than 90 days and not more than one year.
16        (e)  If  a  violation  of  subsection (c) of this Section
17    results in injury to another person, in addition to any other
18    penalty imposed, the person's  driving  privileges  shall  be
19    suspended  for  a  fixed period of not less than 180 days and
20    not more than 2 years.
21        (f)  If a violation of subsection  (c)  of  this  Section
22    results  in  the  death of another person, in addition to any
23    other penalty imposed, the person's driving privileges  shall
24    be suspended for 2 years.
25        (g)  The  Secretary  of  State  shall,  upon  receiving a
26    record  of  a  judgment  entered  against  a   person   under
27    subsection (d), (e), or (f) of this Section:
28             (1)  suspend the person's driving privileges for the
29        mandatory period; or
30             (2)  extend  the period of an existing suspension by
31        the appropriate mandatory period.
32    (Source: P.A. 83-781.)

33        Section 10.  The Unified Code of Corrections  is  amended
 
                            -12-              LRB9204100DHpcA
 1    by changing Section 5-5-3 as follows:

 2        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 3        Sec. 5-5-3.  Disposition.
 4        (a)  Every  person  convicted  of  an  offense  shall  be
 5    sentenced as provided in this Section.
 6        (b)  The   following   options   shall   be   appropriate
 7    dispositions,  alone  or in combination, for all felonies and
 8    misdemeanors other than those identified in subsection (c) of
 9    this Section:
10             (1)  A period of probation.
11             (2)  A term of periodic imprisonment.
12             (3)  A term of conditional discharge.
13             (4)  A term of imprisonment.
14             (5)  An order directing the offender to clean up and
15        repair the damage, if the offender  was  convicted  under
16        paragraph  (h)  of  Section  21-1 of the Criminal Code of
17        1961.
18             (6)  A fine.
19             (7)  An  order  directing  the  offender   to   make
20        restitution  to  the  victim  under Section 5-5-6 of this
21        Code.
22             (8)  A sentence of participation in a county  impact
23        incarceration program under Section 5-8-1.2 of this Code.
24        Whenever  an individual is sentenced for an offense based
25    upon an arrest for a  violation  of  Section  11-501  of  the
26    Illinois  Vehicle  Code,  or  a  similar provision of a local
27    ordinance,  and  the   professional   evaluation   recommends
28    remedial  or  rehabilitative  treatment or education, neither
29    the treatment nor the education shall be the sole disposition
30    and either or both may be imposed only  in  conjunction  with
31    another  disposition. The court shall monitor compliance with
32    any remedial education or treatment recommendations contained
33    in the professional evaluation.  Programs conducting  alcohol
 
                            -13-              LRB9204100DHpcA
 1    or  other  drug  evaluation  or  remedial  education  must be
 2    licensed by the Department of Human  Services.   However,  if
 3    the  individual  is not a resident of Illinois, the court may
 4    accept an  alcohol  or  other  drug  evaluation  or  remedial
 5    education   program   in   the  state  of  such  individual's
 6    residence.  Programs providing  treatment  must  be  licensed
 7    under  existing  applicable  alcoholism  and  drug  treatment
 8    licensure standards.
 9        In addition to any other fine or penalty required by law,
10    any  individual convicted of a violation of Section 11-501 of
11    the Illinois Vehicle Code or a  similar  provision  of  local
12    ordinance,  whose  operation  of  a  motor  vehicle  while in
13    violation of Section 11-501  or  such  ordinance  proximately
14    caused  an  incident  resulting  in  an appropriate emergency
15    response, shall be required to make restitution to  a  public
16    agency  for  the  costs  of  that  emergency  response.  Such
17    restitution shall not exceed $500 per public agency for  each
18    such  emergency response.  For the purpose of this paragraph,
19    emergency  response  shall  mean  any  incident  requiring  a
20    response by: a police officer as defined under Section  1-162
21    of  the Illinois Vehicle Code; a fireman carried on the rolls
22    of a regularly constituted fire department; and an  ambulance
23    as  defined  under  Section  4.05  of  the  Emergency Medical
24    Services (EMS) Systems Act.
25        Neither  a  fine  nor  restitution  shall  be  the   sole
26    disposition  for  a  felony and either or both may be imposed
27    only in conjunction with another disposition.
28        (c) (1)  When a defendant is found guilty of first degree
29        murder  the  State  may  either  seek   a   sentence   of
30        imprisonment  under  Section 5-8-1 of this Code, or where
31        appropriate seek a sentence of death under Section 9-1 of
32        the Criminal Code of 1961.
33             (2)  A period  of  probation,  a  term  of  periodic
34        imprisonment   or  conditional  discharge  shall  not  be
 
                            -14-              LRB9204100DHpcA
 1        imposed for  the  following  offenses.  The  court  shall
 2        sentence  the  offender to not less than the minimum term
 3        of imprisonment set forth in this Code for the  following
 4        offenses,  and may order a fine or restitution or both in
 5        conjunction with such term of imprisonment:
 6                  (A)  First  degree  murder  where   the   death
 7             penalty is not imposed.
 8                  (B)  Attempted first degree murder.
 9                  (C)  A Class X felony.
10                  (D)  A violation of Section 401.1 or 407 of the
11             Illinois  Controlled  Substances Act, or a violation
12             of subdivision (c)(2) of Section  401  of  that  Act
13             which  relates  to  more than 5 grams of a substance
14             containing cocaine or an analog thereof.
15                  (E)  A violation of Section 5.1  or  9  of  the
16             Cannabis Control Act.
17                  (F)  A   Class  2  or  greater  felony  if  the
18             offender had been convicted of a Class 2 or  greater
19             felony  within  10  years  of  the date on which the
20             offender committed the offense for which he  or  she
21             is  being sentenced, except as otherwise provided in
22             Section 40-10 of the Alcoholism and Other Drug Abuse
23             and Dependency Act.
24                  (G)  Residential burglary, except as  otherwise
25             provided  in  Section  40-10  of  the Alcoholism and
26             Other Drug Abuse and Dependency Act.
27                  (H)  Criminal   sexual   assault,   except   as
28             otherwise  provided  in  subsection  (e)   of   this
29             Section.
30                  (I)  Aggravated battery of a senior citizen.
31                  (J)  A  forcible  felony  if  the  offense  was
32             related to the activities of an organized gang.
33                  Before  July  1, 1994, for the purposes of this
34             paragraph, "organized gang" means an association  of
 
                            -15-              LRB9204100DHpcA
 1             5  or  more  persons, with an established hierarchy,
 2             that  encourages  members  of  the  association   to
 3             perpetrate crimes or provides support to the members
 4             of the association who do commit crimes.
 5                  Beginning  July  1,  1994,  for the purposes of
 6             this paragraph, "organized  gang"  has  the  meaning
 7             ascribed  to  it  in  Section  10  of  the  Illinois
 8             Streetgang Terrorism Omnibus Prevention Act.
 9                  (K)  Vehicular hijacking.
10                  (L)  A  second or subsequent conviction for the
11             offense of hate crime when  the  underlying  offense
12             upon  which  the  hate  crime  is  based  is  felony
13             aggravated assault or felony mob action.
14                  (M)  A  second or subsequent conviction for the
15             offense of institutional vandalism if the damage  to
16             the property exceeds $300.
17                  (N)  A  Class  3  felony violation of paragraph
18             (1) of subsection (a) of Section 2  of  the  Firearm
19             Owners Identification Card Act.
20                  (O)  A  violation  of  Section  12-6.1  of  the
21             Criminal Code of 1961.
22                  (P)  A  violation  of  paragraph (1), (2), (3),
23             (4), (5),  or  (7)  of  subsection  (a)  of  Section
24             11-20.1 of the Criminal Code of 1961.
25                  (Q)  A  violation  of  Section  20-1.2  of  the
26             Criminal Code of 1961.
27                  (R)  A   violation  of  Section  24-3A  of  the
28             Criminal Code of 1961.
29             (3)  A minimum term of imprisonment of not less than
30        48 consecutive hours or 100 hours of community service as
31        may be determined by the court shall  be  imposed  for  a
32        second  or  subsequent violation committed within 5 years
33        of a previous violation of Section 11-501 of the Illinois
34        Vehicle Code or a similar provision of a local ordinance.
 
                            -16-              LRB9204100DHpcA
 1             (4)  A minimum term of imprisonment of not less than
 2        7 consecutive days or 30 days of community service  shall
 3        be  imposed  for  a violation of paragraph (c) of Section
 4        6-303 of the Illinois Vehicle Code.
 5             (4.1)  A minimum term  of  30  consecutive  days  of
 6        imprisonment, 40 days of 24 hour periodic imprisonment or
 7        720  hours  of community service, as may be determined by
 8        the court, shall be imposed for a  violation  of  Section
 9        11-501  of  the  Illinois Vehicle Code during a period in
10        which the defendant's driving privileges are  revoked  or
11        suspended,  where  the revocation or suspension was for a
12        violation of Section 11-501 or Section 11-501.1  of  that
13        Code.
14             (5)  The court may sentence an offender convicted of
15        a business offense or a petty offense or a corporation or
16        unincorporated association convicted of any offense to:
17                  (A)  a period of conditional discharge;
18                  (B)  a fine;
19                  (C)  make   restitution  to  the  victim  under
20             Section 5-5-6 of this Code.
21             (5.1)  In addition to any  penalties  imposed  under
22        paragraph  (5)  of  this  subsection  (c),  and except as
23        provided in paragraph (5.2) or (5.3), a person  convicted
24        of  violating  subsection  (c)  of  Section 11-907 of the
25        Illinois Vehicle Code shall  have  his  or  her  driver's
26        license,  permit, or privileges suspended for at least 90
27        days but  not  more  than  one  year,  if  the  violation
28        resulted in damage to the property of another person.
29             (5.2)  In  addition  to  any penalties imposed under
30        paragraph (5) of  this  subsection  (c),  and  except  as
31        provided  in  paragraph  (5.3),  a  person  convicted  of
32        violating   subsection  (c)  of  Section  11-907  of  the
33        Illinois Vehicle Code shall  have  his  or  her  driver's
34        license, permit, or privileges suspended for at least 180
 
                            -17-              LRB9204100DHpcA
 1        days but not more than 2 years, if the violation resulted
 2        in injury to another person.
 3             (5.3)  In  addition  to  any penalties imposed under
 4        paragraph (5) of this subsection (c), a person  convicted
 5        of  violating  subsection  (c)  of  Section 11-907 of the
 6        Illinois Vehicle Code shall  have  his  or  her  driver's
 7        license,  permit, or privileges suspended for 2 years, if
 8        the violation resulted in the death of another person.
 9             (6)  In no case shall an offender be eligible for  a
10        disposition  of  probation or conditional discharge for a
11        Class 1 felony committed while he was serving a  term  of
12        probation or conditional discharge for a felony.
13             (7)  When   a   defendant  is  adjudged  a  habitual
14        criminal under Article 33B of the Criminal Code of  1961,
15        the  court  shall  sentence  the  defendant  to a term of
16        natural life imprisonment.
17             (8)  When a defendant, over the age of 21 years,  is
18        convicted  of  a  Class 1 or Class 2 felony, after having
19        twice been convicted of any  Class  2  or  greater  Class
20        felonies  in  Illinois,  and  such charges are separately
21        brought and tried and arise out of  different  series  of
22        acts,  such  defendant  shall  be  sentenced as a Class X
23        offender. This paragraph shall not apply unless  (1)  the
24        first  felony  was  committed after the effective date of
25        this amendatory Act of 1977; and (2)  the  second  felony
26        was  committed after conviction on the first; and (3) the
27        third  felony  was  committed  after  conviction  on  the
28        second.
29             (9)  A defendant convicted of a second or subsequent
30        offense of ritualized abuse of a child may  be  sentenced
31        to a term of natural life imprisonment.
32        (d)  In  any  case in which a sentence originally imposed
33    is vacated, the case shall be remanded to  the  trial  court.
34    The  trial  court shall hold a hearing under Section 5-4-1 of
 
                            -18-              LRB9204100DHpcA
 1    the Unified Code of Corrections which may include evidence of
 2    the defendant's life, moral character and  occupation  during
 3    the  time  since the original sentence was passed.  The trial
 4    court shall then impose sentence  upon  the  defendant.   The
 5    trial  court  may  impose  any sentence which could have been
 6    imposed at the original trial subject to Section 5-5-4 of the
 7    Unified Code of Corrections.
 8        (e)  In  cases  where  prosecution  for  criminal  sexual
 9    assault or aggravated criminal  sexual  abuse  under  Section
10    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
11    conviction of a defendant who was  a  family  member  of  the
12    victim  at  the  time  of  the commission of the offense, the
13    court shall consider the safety and welfare of the victim and
14    may impose a sentence of probation only where:
15             (1)  the  court  finds  (A)  or  (B)  or  both   are
16        appropriate:
17                  (A)  the  defendant  is  willing  to  undergo a
18             court approved  counseling  program  for  a  minimum
19             duration of 2 years; or
20                  (B)  the defendant is willing to participate in
21             a  court  approved plan including but not limited to
22             the defendant's:
23                       (i)  removal from the household;
24                       (ii)  restricted contact with the victim;
25                       (iii)  continued financial support of  the
26                  family;
27                       (iv)  restitution  for  harm  done  to the
28                  victim; and
29                       (v)  compliance with  any  other  measures
30                  that the court may deem appropriate; and
31             (2)  the  court  orders the defendant to pay for the
32        victim's counseling services,  to  the  extent  that  the
33        court finds, after considering the defendant's income and
34        assets,  that  the  defendant  is  financially capable of
 
                            -19-              LRB9204100DHpcA
 1        paying for such services, if  the  victim  was  under  18
 2        years  of  age  at the time the offense was committed and
 3        requires counseling as a result of the offense.
 4        Probation may be revoked or modified pursuant to  Section
 5    5-6-4;  except where the court determines at the hearing that
 6    the defendant violated a condition of his  or  her  probation
 7    restricting  contact  with the victim or other family members
 8    or commits another offense with the victim  or  other  family
 9    members, the court shall revoke the defendant's probation and
10    impose a term of imprisonment.
11        For  the  purposes  of  this Section, "family member" and
12    "victim" shall have the meanings ascribed to them in  Section
13    12-12 of the Criminal Code of 1961.
14        (f)  This  Article  shall  not  deprive  a court in other
15    proceedings to order a forfeiture of property, to suspend  or
16    cancel  a  license,  to  remove  a  person from office, or to
17    impose any other civil penalty.
18        (g)  Whenever a defendant  is  convicted  of  an  offense
19    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
20    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
21    12-15  or  12-16  of the Criminal Code of 1961, the defendant
22    shall  undergo  medical  testing  to  determine  whether  the
23    defendant has any sexually transmissible disease, including a
24    test for infection with human immunodeficiency virus (HIV) or
25    any   other   identified   causative   agent   of    acquired
26    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
27    shall be performed only  by  appropriately  licensed  medical
28    practitioners  and  may  include  an  analysis  of any bodily
29    fluids as well as an examination of the  defendant's  person.
30    Except as otherwise provided by law, the results of such test
31    shall  be kept strictly confidential by all medical personnel
32    involved in the testing and must be personally delivered in a
33    sealed envelope to the  judge  of  the  court  in  which  the
34    conviction  was entered for the judge's inspection in camera.
 
                            -20-              LRB9204100DHpcA
 1    Acting in accordance with the best interests  of  the  victim
 2    and  the  public,  the  judge  shall  have  the discretion to
 3    determine to whom, if anyone, the results of the testing  may
 4    be revealed. The court shall notify the defendant of the test
 5    results.  The court shall also notify the victim if requested
 6    by  the  victim, and if the victim is under the age of 15 and
 7    if requested by the victim's parents or legal  guardian,  the
 8    court  shall notify the victim's parents or legal guardian of
 9    the test results.  The court shall provide information on the
10    availability of HIV testing and counseling at  Department  of
11    Public  Health  facilities to all parties to whom the results
12    of the testing are revealed  and  shall  direct  the  State's
13    Attorney  to  provide  the  information  to  the  victim when
14    possible. A State's Attorney may petition the court to obtain
15    the results of any HIV test administered under this  Section,
16    and  the  court  shall  grant  the  disclosure if the State's
17    Attorney shows it is relevant in order to prosecute a  charge
18    of  criminal transmission of HIV under Section 12-16.2 of the
19    Criminal Code of 1961 against the defendant.  The court shall
20    order that the cost of any such test shall  be  paid  by  the
21    county  and  may  be  taxed  as  costs  against the convicted
22    defendant.
23        (g-5)  When  an  inmate  is  tested   for   an   airborne
24    communicable   disease,   as   determined   by  the  Illinois
25    Department of Public Health  including  but  not  limited  to
26    tuberculosis,  the  results  of  the test shall be personally
27    delivered by the warden or his or her designee  in  a  sealed
28    envelope  to  the judge of the court in which the inmate must
29    appear for the judge's inspection in camera if  requested  by
30    the  judge.   Acting in accordance with the best interests of
31    those in the courtroom, the judge shall have  the  discretion
32    to  determine  what  if  any  precautions need to be taken to
33    prevent transmission of the disease in the courtroom.
34        (h)  Whenever a defendant  is  convicted  of  an  offense
 
                            -21-              LRB9204100DHpcA
 1    under  Section  1 or 2 of the Hypodermic Syringes and Needles
 2    Act, the defendant shall undergo medical testing to determine
 3    whether   the   defendant   has   been   exposed   to   human
 4    immunodeficiency  virus  (HIV)  or   any   other   identified
 5    causative agent of acquired immunodeficiency syndrome (AIDS).
 6    Except as otherwise provided by law, the results of such test
 7    shall  be kept strictly confidential by all medical personnel
 8    involved in the testing and must be personally delivered in a
 9    sealed envelope to the  judge  of  the  court  in  which  the
10    conviction  was entered for the judge's inspection in camera.
11    Acting in accordance with the best interests of  the  public,
12    the  judge shall have the discretion to determine to whom, if
13    anyone, the results of the testing may be revealed. The court
14    shall notify the defendant of  a  positive  test  showing  an
15    infection  with  the  human immunodeficiency virus (HIV). The
16    court shall provide information on the  availability  of  HIV
17    testing   and  counseling  at  Department  of  Public  Health
18    facilities to all parties to whom the results of the  testing
19    are revealed and shall direct the State's Attorney to provide
20    the  information  to  the  victim  when  possible.  A State's
21    Attorney may petition the court to obtain the results of  any
22    HIV  test  administered  under  this   Section, and the court
23    shall grant the disclosure if the State's Attorney  shows  it
24    is  relevant  in  order  to  prosecute  a  charge of criminal
25    transmission of HIV under Section  12-16.2  of  the  Criminal
26    Code  of  1961  against  the defendant. The court shall order
27    that the cost of any such test shall be paid  by  the  county
28    and may be taxed as costs against the convicted defendant.
29        (i)  All  fines  and penalties imposed under this Section
30    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
31    Vehicle Code, or a similar provision of  a  local  ordinance,
32    and any violation of the Child Passenger Protection Act, or a
33    similar  provision  of  a local ordinance, shall be collected
34    and disbursed by the circuit clerk as provided under  Section
 
                            -22-              LRB9204100DHpcA
 1    27.5 of the Clerks of Courts Act.
 2        (j)  In  cases  when  prosecution  for  any  violation of
 3    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
 4    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
 5    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
 6    12-16  of  the  Criminal  Code  of 1961, any violation of the
 7    Illinois Controlled Substances Act, or any violation  of  the
 8    Cannabis  Control Act results in conviction, a disposition of
 9    court supervision, or an order  of  probation  granted  under
10    Section  10 of the Cannabis Control Act or Section 410 of the
11    Illinois Controlled Substance Act of a defendant,  the  court
12    shall  determine  whether  the  defendant  is  employed  by a
13    facility or center as defined under the  Child  Care  Act  of
14    1969,  a public or private elementary or secondary school, or
15    otherwise works with children under 18  years  of  age  on  a
16    daily  basis.   When  a  defendant  is so employed, the court
17    shall order the Clerk of the Court to  send  a  copy  of  the
18    judgment  of  conviction or order of supervision or probation
19    to  the  defendant's  employer  by  certified  mail.  If  the
20    employer of the defendant is a school, the Clerk of the Court
21    shall direct the  mailing  of  a  copy  of  the  judgment  of
22    conviction  or  order  of  supervision  or  probation  to the
23    appropriate regional superintendent of schools.  The regional
24    superintendent of schools shall notify  the  State  Board  of
25    Education of any notification under this subsection.
26        (j-5)  A  defendant  at  least  17  years  of  age who is
27    convicted of  a  felony  and  who  has  not  been  previously
28    convicted  of a misdemeanor or felony and who is sentenced to
29    a  term  of  imprisonment  in  the  Illinois  Department   of
30    Corrections  shall  as  a condition of his or her sentence be
31    required by the court to attend educational courses  designed
32    to  prepare  the  defendant  for a high school diploma and to
33    work toward a high school diploma or to work  toward  passing
34    the high school level Test of General Educational Development
 
                            -23-              LRB9204100DHpcA
 1    (GED)  or  to  work  toward  completing a vocational training
 2    program offered by  the  Department  of  Corrections.   If  a
 3    defendant fails to complete the educational training required
 4    by  his or her sentence during the term of incarceration, the
 5    Prisoner Review Board shall,  as  a  condition  of  mandatory
 6    supervised  release, require the defendant, at his or her own
 7    expense, to pursue a course of study  toward  a  high  school
 8    diploma  or  passage  of  the  GED test.  The Prisoner Review
 9    Board shall revoke the  mandatory  supervised  release  of  a
10    defendant  who  wilfully fails to comply with this subsection
11    (j-5) upon his or her release from  confinement  in  a  penal
12    institution  while  serving  a  mandatory  supervised release
13    term; however, the inability of the defendant after making  a
14    good  faith  effort  to  obtain  financial aid or pay for the
15    educational training shall not be deemed a wilful failure  to
16    comply.    The  Prisoner  Review  Board  shall  recommit  the
17    defendant whose mandatory supervised release  term  has  been
18    revoked  under  this  subsection (j-5) as provided in Section
19    3-3-9.  This subsection (j-5) does not apply to  a  defendant
20    who  has a high school diploma or has successfully passed the
21    GED test. This subsection (j-5) does not apply to a defendant
22    who is determined by the court to be developmentally disabled
23    or otherwise mentally incapable of completing the educational
24    or vocational program.
25        (k)  A court may not impose a sentence or disposition for
26    a felony or misdemeanor that requires  the  defendant  to  be
27    implanted  or  injected  with  or  to  use  any form of birth
28    control.
29        (l) (A)  Except  as  provided   in   paragraph   (C)   of
30        subsection  (l), whenever a defendant, who is an alien as
31        defined  by  the  Immigration  and  Nationality  Act,  is
32        convicted of any felony or misdemeanor offense, the court
33        after sentencing the defendant may, upon  motion  of  the
34        State's  Attorney,  hold  sentence in abeyance and remand
 
                            -24-              LRB9204100DHpcA
 1        the defendant to the custody of the Attorney  General  of
 2        the  United  States  or his or her designated agent to be
 3        deported when:
 4                  (1)  a final  order  of  deportation  has  been
 5             issued against the defendant pursuant to proceedings
 6             under the Immigration and Nationality Act, and
 7                  (2)  the deportation of the defendant would not
 8             deprecate the seriousness of the defendant's conduct
 9             and  would  not  be  inconsistent  with  the ends of
10             justice.
11             Otherwise,  the  defendant  shall  be  sentenced  as
12        provided in this Chapter V.
13             (B)  If the defendant has already been sentenced for
14        a 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,
17        the court may, upon motion of  the  State's  Attorney  to
18        suspend the sentence imposed, commit the defendant to the
19        custody  of  the Attorney General of the United States or
20        his or her designated agent when:
21                  (1)  a final  order  of  deportation  has  been
22             issued against the defendant pursuant to proceedings
23             under the Immigration and Nationality Act, and
24                  (2)  the deportation of the defendant would not
25             deprecate the seriousness of the defendant's conduct
26             and  would  not  be  inconsistent  with  the ends of
27             justice.
28             (C)  This subsection (l) does not apply to offenders
29        who are subject to the provisions  of  paragraph  (2)  of
30        subsection (a) of Section 3-6-3.
31             (D)  Upon  motion  of  the  State's  Attorney,  if a
32        defendant sentenced under this  Section  returns  to  the
33        jurisdiction of the United States, the defendant shall be
34        recommitted to the custody of the county from which he or
 
                            -25-              LRB9204100DHpcA
 1        she  was  sentenced.  Thereafter,  the defendant shall be
 2        brought before the sentencing court, which may impose any
 3        sentence that was available under Section  5-5-3  at  the
 4        time  of  initial sentencing.  In addition, the defendant
 5        shall not be eligible for additional good conduct  credit
 6        for meritorious service as provided under Section 3-6-6.
 7        (m)  A   person   convicted  of  criminal  defacement  of
 8    property under Section 21-1.3 of the Criminal Code  of  1961,
 9    in  which  the  property damage exceeds $300 and the property
10    damaged is a school building, shall  be  ordered  to  perform
11    community  service  that  may  include  cleanup,  removal, or
12    painting over the defacement.
13    (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
14    eff. 1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff.  8-14-98;
15    91-357,  eff.  7-29-99;  91-404,  eff.  1-1-00;  91-663, eff.
16    12-22-99; 91-695, eff. 4-13-00.)

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