State of Illinois
92nd General Assembly
Legislation

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92_SB0073

 
                                               LRB9204798RCcd

 1        AN ACT in relation to hate crimes.

 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 12-7.1 and 21-1.2 and adding Section  8-2.1
 6    as follows:

 7        (720 ILCS 5/8-2.1 new)
 8        Sec. 8-2.1.  Conspiracy against civil rights.
 9        (a)  Offense.   A person commits conspiracy against civil
10    rights  when  he  or  she  agrees  with  another  to  utilize
11    violence, threat, or intimidation in order to interfere  with
12    another  person's  free  exercise  of  any right or privilege
13    secured to the person  by  the  Constitution  of  the  United
14    States,  the  Constitution of the State of Illinois, the laws
15    of the United States, or the laws of the  State  of  Illinois
16    and  either the accused or a co-conspirator has committed any
17    act in furtherance of that agreement.
18        (b)  Co-conspirators. It is not a defense  to  conspiracy
19    against  civil  rights that a person or persons with whom the
20    accused is alleged to have conspired:
21             (1)  has not been prosecuted or convicted; or
22             (2)  has been convicted of a different offense; or
23             (3)  is not amenable to justice; or
24             (4)  has been acquitted; or
25             (5)  lacked the capacity to commit an offense.
26        (c)  Sentence.  Conspiracy  against  civil  rights  is  a
27    Class 4 felony for a first offense and a Class 2 felony for a
28    second or subsequent offense.

29        (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
30        Sec. 12-7.1.  Hate crime.
 
                            -2-                LRB9204798RCcd
 1        (a)  A  person  commits hate crime when, by reason of the
 2    actual or perceived race, color, creed,  religion,  ancestry,
 3    gender, sexual orientation, physical or mental disability, or
 4    national   origin   of   another   individual   or  group  of
 5    individuals,  regardless  of  the  existence  of  any   other
 6    motivating  factor  or  factors, he commits assault, battery,
 7    aggravated assault, misdemeanor theft, criminal  trespass  to
 8    residence,  misdemeanor criminal damage to property, criminal
 9    trespass to vehicle, criminal trespass to real property,  mob
10    action  or  disorderly conduct as these crimes are defined in
11    Sections 12-1, 12-2, 12-3,  16-1,  19-4,  21-1,  21-2,  21-3,
12    25-1,  and  26-1 of this Code, respectively, or harassment by
13    telephone as defined in Section  1-1  of  the  Harassing  and
14    Obscene  Communications  Act against a victim who is: (i) the
15    other individual; (ii) a member of the group of  individuals;
16    (iii) a person who has an association with, is married to, or
17    has a friendship with the other individual or a member of the
18    group  of  individuals;  or  (iv)  a  relative  (by  blood or
19    marriage) of a person  described  in  clause  (i),  (ii),  or
20    (iii).
21        (b)  Except  as  provided in subsection (b-5), hate crime
22    is a Class 4 felony for a first offense and a Class 2  felony
23    for  a  second or subsequent offense.  Any order of probation
24    or conditional discharge entered following a  conviction  for
25    an  offense  under  this  Section shall include,  a condition
26    that the offender perform public or community service  of  no
27    less  than  200  hours  if that service is established in the
28    county where the offender was convicted of  hate  crime.   In
29    addition   the  court  may  impose  any  other  condition  of
30    probation or conditional discharge under this Section.
31        (b-5)  Hate crime is a Class 3 felony for a first offense
32    and a Class 1 felony for a second or  subsequent  offense  if
33    committed:
34             (1)  in  a  church,  synagogue,  or  other building,
 
                            -3-                LRB9204798RCcd
 1        structure, or place used for religious worship  or  other
 2        religious purpose;
 3             (2)  in a cemetery, mortuary, or other facility used
 4        for the purpose of burial or memorializing the dead;
 5             (3)  in a school or other educational facility;
 6             (4)  in  a  public  park  or  an ethnic or religious
 7        community center;
 8             (5)  on the real property  comprising  any  location
 9        specified  in  clauses (1) through (4) of this subsection
10        (b-5); or
11             (6)  on a public way within 1,000 feet of  the  real
12        property comprising any location specified in clauses (1)
13        through (4) of this subsection (b-5).
14        (b-10)  Upon  imposition  of  any sentence or conditional
15    discharge following conviction or the entry of  an  order  of
16    probation  for an offense under this Section, the trial court
17    must also either order restitution  paid  to  the  victim  or
18    impose  a  fine  up  to  $1,000.   In  addition, any order of
19    probation  or  conditional  discharge  entered  following   a
20    conviction  or  an adjudication of delinquency must include a
21    condition that  the  offender  perform  public  or  community
22    service  of  no  less  than  200  hours  if  that  service is
23    established in the county where the offender was convicted of
24    hate crime.  The court may also impose any other condition of
25    probation or conditional discharge under this Section.
26        (c)  Independent  of  any  criminal  prosecution  or  the
27    result thereof, any person suffering injury to his person  or
28    damage  to his property as a result of hate crime may bring a
29    civil action for damages,  injunction  or  other  appropriate
30    relief. The court may award actual damages, including damages
31    for  emotional  distress, or punitive damages. A judgment may
32    include attorney's fees and  costs.   The  parents  or  legal
33    guardians,  other  than  guardians  appointed pursuant to the
34    Juvenile Court Act or the Juvenile Court Act of 1987,  of  an
 
                            -4-                LRB9204798RCcd
 1    unemancipated  minor  shall  be  liable for the amount of any
 2    judgment for actual damages rendered against such minor under
 3    this subsection (c) in any amount not  exceeding  the  amount
 4    provided under Section 5 of the Parental Responsibility Law.
 5        (d)  "Sexual    orientation"    means    heterosexuality,
 6    homosexuality, or bisexuality.
 7    (Source: P.A. 89-689, eff. 12-31-96; 90-578, eff. 6-1-98.)

 8        (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
 9        Sec. 21-1.2.  Institutional vandalism.
10        (a)  A  person  commits  institutional vandalism when, by
11    reason  of  the  actual  or  perceived  race,  color,  creed,
12    religion or national origin of another individual or group of
13    individuals,  regardless  of  the  existence  of  any   other
14    motivating factor or factors, he or she knowingly and without
15    consent inflicts damage to any of the following properties:
16             (1)  A   church,   synagogue   or   other  building,
17        structure or place used for religious  worship  or  other
18        religious purpose;
19             (2)  A  cemetery,  mortuary,  or other facility used
20        for the purpose of burial or memorializing the dead;
21             (3)  A school,  educational  facility  or  community
22        center;
23             (4)  The  grounds  adjacent  to, and owned or rented
24        by, any institution,  facility,  building,  structure  or
25        place  described  in  paragraphs  (1), (2) or (3) of this
26        subsection (a); or
27             (5)  Any  personal   property   contained   in   any
28        institution,   facility,  building,  structure  or  place
29        described  in  paragraphs  (1),  (2)  or  (3)   of   this
30        subsection (a).
31        (b)  Institutional  vandalism  is a Class 3 felony if the
32    damage to the property does not exceed  $300.   Institutional
33    vandalism  is  a Class 2 felony if the damage to the property
 
                            -5-                LRB9204798RCcd
 1    exceeds $300. Institutional vandalism is a Class 1 felony for
 2    any second or subsequent offense.
 3        (b-5)  Upon imposition of  any  sentence  or  conditional
 4    discharge  following  conviction  or the entry of an order of
 5    probation for an offense under this Section, the trial  court
 6    must  also  either  order  restitution  paid to the victim or
 7    impose a fine up  to  $1,000.   In  addition,  any  order  of
 8    probation   or  conditional  discharge  entered  following  a
 9    conviction or an adjudication of delinquency must  include  a
10    condition  that  the  offender  perform  public  or community
11    service of  no  less  than  200  hours  if  that  service  is
12    established in the county where the offender was convicted of
13    institutional vandalism.  The court may also impose any other
14    condition  of  probation  or conditional discharge under this
15    Section.
16        (c)  Independent  of  any  criminal  prosecution  or  the
17    result of that prosecution,  a  person  suffering  damage  to
18    property  or  injury  to  his  or  her  person as a result of
19    institutional vandalism may bring a civil action for damages,
20    injunction or other appropriate relief. The court  may  award
21    actual  damages, including damages for emotional distress, or
22    punitive damages.  A judgment may include attorney's fees and
23    costs.  The parents or legal guardians  of  an  unemancipated
24    minor,  other  than  guardians  appointed  under the Juvenile
25    Court Act or the Juvenile Court Act of 1987, shall be  liable
26    for  the  amount  of any judgment for actual damages rendered
27    against the minor under this subsection (c) in an amount  not
28    exceeding the amount provided under Section 5 of the Parental
29    Responsibility Law.
30    (Source: P.A. 88-659.)

31        Section  10.  The  Unified Code of Corrections is amended
32    by changing Sections 5-5-3 and 5-5-3.2 as follows:
 
                            -6-                LRB9204798RCcd
 1        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 2        Sec. 5-5-3.  Disposition.
 3        (a)  Every  person  convicted  of  an  offense  shall  be
 4    sentenced as provided in this Section.
 5        (b)  The   following   options   shall   be   appropriate
 6    dispositions, alone or in combination, for all  felonies  and
 7    misdemeanors other than those identified in subsection (c) of
 8    this Section:
 9             (1)  A period of probation.
10             (2)  A term of periodic imprisonment.
11             (3)  A term of conditional discharge.
12             (4)  A term of imprisonment.
13             (5)  An order directing the offender to clean up and
14        repair  the  damage,  if the offender was convicted under
15        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
16        1961.
17             (6)  A fine.
18             (7)  An   order   directing  the  offender  to  make
19        restitution to the victim under  Section  5-5-6  of  this
20        Code.
21             (8)  A  sentence of participation in a county impact
22        incarceration program under Section 5-8-1.2 of this Code.
23        Whenever an individual is sentenced for an offense  based
24    upon  an  arrest  for  a  violation  of Section 11-501 of the
25    Illinois Vehicle Code, or a  similar  provision  of  a  local
26    ordinance,   and   the   professional  evaluation  recommends
27    remedial or rehabilitative treatment  or  education,  neither
28    the treatment nor the education shall be the sole disposition
29    and  either  or  both may be imposed only in conjunction with
30    another disposition. The court shall monitor compliance  with
31    any remedial education or treatment recommendations contained
32    in  the professional evaluation.  Programs conducting alcohol
33    or other  drug  evaluation  or  remedial  education  must  be
34    licensed  by  the  Department of Human Services.  However, if
 
                            -7-                LRB9204798RCcd
 1    the individual is not a resident of Illinois, the  court  may
 2    accept  an  alcohol  or  other  drug  evaluation  or remedial
 3    education  program  in  the  state   of   such   individual's
 4    residence.   Programs  providing  treatment  must be licensed
 5    under  existing  applicable  alcoholism  and  drug  treatment
 6    licensure standards.
 7        In addition to any other fine or penalty required by law,
 8    any individual convicted of a violation of Section 11-501  of
 9    the  Illinois  Vehicle  Code  or a similar provision of local
10    ordinance, whose  operation  of  a  motor  vehicle  while  in
11    violation  of  Section  11-501  or such ordinance proximately
12    caused an incident  resulting  in  an  appropriate  emergency
13    response,  shall  be required to make restitution to a public
14    agency for  the  costs  of  that  emergency  response.   Such
15    restitution  shall not exceed $500 per public agency for each
16    such emergency response.  For the purpose of this  paragraph,
17    emergency  response  shall  mean  any  incident  requiring  a
18    response  by: a police officer as defined under Section 1-162
19    of the Illinois Vehicle Code; a fireman carried on the  rolls
20    of  a regularly constituted fire department; and an ambulance
21    as defined  under  Section  4.05  of  the  Emergency  Medical
22    Services (EMS) Systems Act.
23        Neither   a  fine  nor  restitution  shall  be  the  sole
24    disposition for a felony and either or both  may  be  imposed
25    only in conjunction with another disposition.
26        (c) (1)  When a defendant is found guilty of first degree
27        murder   the   State   may  either  seek  a  sentence  of
28        imprisonment under Section 5-8-1 of this Code,  or  where
29        appropriate seek a sentence of death under Section 9-1 of
30        the Criminal Code of 1961.
31             (2)  A  period  of  probation,  a  term  of periodic
32        imprisonment  or  conditional  discharge  shall  not   be
33        imposed  for  the  following  offenses.  The  court shall
34        sentence the offender to not less than the  minimum  term
 
                            -8-                LRB9204798RCcd
 1        of  imprisonment set forth in this Code for the following
 2        offenses, and may order a fine or restitution or both  in
 3        conjunction with such term of imprisonment:
 4                  (A)  First   degree   murder  where  the  death
 5             penalty is not imposed.
 6                  (B)  Attempted first degree murder.
 7                  (C)  A Class X felony.
 8                  (D)  A violation of Section 401.1 or 407 of the
 9             Illinois Controlled Substances Act, or  a  violation
10             of  subdivision  (c)(2)  of  Section 401 of that Act
11             which relates to more than 5 grams  of  a  substance
12             containing cocaine or an analog thereof.
13                  (E)  A  violation  of  Section  5.1 or 9 of the
14             Cannabis Control Act.
15                  (F)  A  Class  2  or  greater  felony  if   the
16             offender  had been convicted of a Class 2 or greater
17             felony within 10 years of  the  date  on  which  the
18             offender  committed  the offense for which he or she
19             is being sentenced, except as otherwise provided  in
20             Section 40-10 of the Alcoholism and Other Drug Abuse
21             and Dependency Act.
22                  (G)  Residential  burglary, except as otherwise
23             provided in Section  40-10  of  the  Alcoholism  and
24             Other Drug Abuse and Dependency Act.
25                  (H)  Criminal   sexual   assault,   except   as
26             otherwise   provided   in  subsection  (e)  of  this
27             Section.
28                  (I)  Aggravated battery of a senior citizen.
29                  (J)  A  forcible  felony  if  the  offense  was
30             related to the activities of an organized gang.
31                  Before July 1, 1994, for the purposes  of  this
32             paragraph,  "organized gang" means an association of
33             5 or more persons, with  an  established  hierarchy,
34             that   encourages  members  of  the  association  to
 
                            -9-                LRB9204798RCcd
 1             perpetrate crimes or provides support to the members
 2             of the association who do commit crimes.
 3                  Beginning July 1, 1994,  for  the  purposes  of
 4             this  paragraph,  "organized  gang"  has the meaning
 5             ascribed  to  it  in  Section  10  of  the  Illinois
 6             Streetgang Terrorism Omnibus Prevention Act.
 7                  (K)  Vehicular hijacking.
 8                  (L)  A second or subsequent conviction for  the
 9             offense  of  hate  crime when the underlying offense
10             upon  which  the  hate  crime  is  based  is  felony
11             aggravated assault or felony mob action.
12                  (M)  A second or subsequent conviction for  the
13             offense  of institutional vandalism if the damage to
14             the property exceeds $300.
15                  (N)  A Class 3 felony  violation  of  paragraph
16             (1)  of  subsection  (a) of Section 2 of the Firearm
17             Owners Identification Card Act.
18                  (O)  A  violation  of  Section  12-6.1  of  the
19             Criminal Code of 1961.
20                  (P)  A violation of paragraph  (1),  (2),  (3),
21             (4),  (5),  or  (7)  of  subsection  (a)  of Section
22             11-20.1 of the Criminal Code of 1961.
23                  (Q)  A  violation  of  Section  20-1.2  of  the
24             Criminal Code of 1961.
25                  (R)  A  violation  of  Section  24-3A  of   the
26             Criminal Code of 1961.
27             (3)  A minimum term of imprisonment of not less than
28        48 consecutive hours or 100 hours of community service as
29        may  be  determined  by  the court shall be imposed for a
30        second or subsequent violation committed within  5  years
31        of a previous violation of Section 11-501 of the Illinois
32        Vehicle Code or a similar provision of a local ordinance.
33             (4)  A minimum term of imprisonment of not less than
34        7  consecutive days or 30 days of community service shall
 
                            -10-               LRB9204798RCcd
 1        be imposed for a violation of paragraph  (c)  of  Section
 2        6-303 of the Illinois Vehicle Code.
 3             (4.1)  A  minimum  term  of  30  consecutive days of
 4        imprisonment, 40 days of 24 hour periodic imprisonment or
 5        720 hours of community service, as may be  determined  by
 6        the  court,  shall  be imposed for a violation of Section
 7        11-501 of the Illinois Vehicle Code during  a  period  in
 8        which  the  defendant's driving privileges are revoked or
 9        suspended, where the revocation or suspension was  for  a
10        violation  of  Section 11-501 or Section 11-501.1 of that
11        Code.
12             (5)  The court may sentence an offender convicted of
13        a business offense or a petty offense or a corporation or
14        unincorporated association convicted of any offense to:
15                  (A)  a period of conditional discharge;
16                  (B)  a fine;
17                  (C)  make  restitution  to  the  victim   under
18             Section 5-5-6 of this Code.
19             (6)  In  no case shall an offender be eligible for a
20        disposition of probation or conditional discharge  for  a
21        Class  1  felony committed while he was serving a term of
22        probation or conditional discharge for a felony.
23             (7)  When  a  defendant  is  adjudged   a   habitual
24        criminal  under Article 33B of the Criminal Code of 1961,
25        the court shall sentence  the  defendant  to  a  term  of
26        natural life imprisonment.
27             (8)  When  a defendant, over the age of 21 years, is
28        convicted of a Class 1 or Class 2  felony,  after  having
29        twice  been  convicted  of  any  Class 2 or greater Class
30        felonies in Illinois, and  such  charges  are  separately
31        brought  and  tried  and arise out of different series of
32        acts, such defendant shall be  sentenced  as  a  Class  X
33        offender.  This  paragraph shall not apply unless (1) the
34        first felony was committed after the  effective  date  of
 
                            -11-               LRB9204798RCcd
 1        this  amendatory  Act  of 1977; and (2) the second felony
 2        was committed after conviction on the first; and (3)  the
 3        third  felony  was  committed  after  conviction  on  the
 4        second.
 5             (9)  A defendant convicted of a second or subsequent
 6        offense  of  ritualized abuse of a child may be sentenced
 7        to a term of natural life imprisonment.
 8        (d)  In any case in which a sentence  originally  imposed
 9    is  vacated,  the  case shall be remanded to the trial court.
10    The trial court shall hold a hearing under Section  5-4-1  of
11    the Unified Code of Corrections which may include evidence of
12    the  defendant's  life, moral character and occupation during
13    the time since the original sentence was passed.   The  trial
14    court  shall  then  impose  sentence upon the defendant.  The
15    trial court may impose any sentence  which  could  have  been
16    imposed at the original trial subject to Section 5-5-4 of the
17    Unified Code of Corrections.
18        (e)  In  cases  where  prosecution  for  criminal  sexual
19    assault  or  aggravated  criminal  sexual abuse under Section
20    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
21    conviction  of  a  defendant  who  was a family member of the
22    victim at the time of the  commission  of  the  offense,  the
23    court shall consider the safety and welfare of the victim and
24    may impose a sentence of probation only where:
25             (1)  the   court  finds  (A)  or  (B)  or  both  are
26        appropriate:
27                  (A)  the defendant  is  willing  to  undergo  a
28             court  approved  counseling  program  for  a minimum
29             duration of 2 years; or
30                  (B)  the defendant is willing to participate in
31             a court approved plan including but not  limited  to
32             the defendant's:
33                       (i)  removal from the household;
34                       (ii)  restricted contact with the victim;
 
                            -12-               LRB9204798RCcd
 1                       (iii)  continued  financial support of the
 2                  family;
 3                       (iv)  restitution for  harm  done  to  the
 4                  victim; and
 5                       (v)  compliance  with  any  other measures
 6                  that the court may deem appropriate; and
 7             (2)  the court orders the defendant to pay  for  the
 8        victim's  counseling  services,  to  the  extent that the
 9        court finds, after considering the defendant's income and
10        assets, that the  defendant  is  financially  capable  of
11        paying  for  such  services,  if  the victim was under 18
12        years of age at the time the offense  was  committed  and
13        requires counseling as a result of the offense.
14        Probation  may be revoked or modified pursuant to Section
15    5-6-4; except where the court determines at the hearing  that
16    the  defendant  violated  a condition of his or her probation
17    restricting contact with the victim or other  family  members
18    or  commits  another  offense with the victim or other family
19    members, the court shall revoke the defendant's probation and
20    impose a term of imprisonment.
21        For the purposes of this  Section,  "family  member"  and
22    "victim"  shall have the meanings ascribed to them in Section
23    12-12 of the Criminal Code of 1961.
24        (f)  This Article shall not  deprive  a  court  in  other
25    proceedings  to order a forfeiture of property, to suspend or
26    cancel a license, to remove  a  person  from  office,  or  to
27    impose any other civil penalty.
28        (g)  Whenever  a  defendant  is  convicted  of an offense
29    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
30    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
31    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
32    shall  undergo  medical  testing  to  determine  whether  the
33    defendant has any sexually transmissible disease, including a
34    test for infection with human immunodeficiency virus (HIV) or
 
                            -13-               LRB9204798RCcd
 1    any    other   identified   causative   agent   of   acquired
 2    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
 3    shall  be  performed  only  by appropriately licensed medical
 4    practitioners and may  include  an  analysis  of  any  bodily
 5    fluids  as  well as an examination of the defendant's person.
 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 victim
12    and the public,  the  judge  shall  have  the  discretion  to
13    determine  to whom, if anyone, the results of the testing may
14    be revealed. The court shall notify the defendant of the test
15    results.  The court shall also notify the victim if requested
16    by the victim, and if the victim is under the age of  15  and
17    if  requested  by the victim's parents or legal guardian, the
18    court shall notify the victim's parents or legal guardian  of
19    the test results.  The court shall provide information on the
20    availability  of  HIV testing and counseling at Department of
21    Public Health facilities to all parties to whom  the  results
22    of  the  testing  are  revealed  and shall direct the State's
23    Attorney to  provide  the  information  to  the  victim  when
24    possible. A State's Attorney may petition the court to obtain
25    the  results of any HIV test administered under this Section,
26    and the court shall  grant  the  disclosure  if  the  State's
27    Attorney  shows it is relevant in order to prosecute a charge
28    of criminal transmission of HIV under Section 12-16.2 of  the
29    Criminal Code of 1961 against the defendant.  The court shall
30    order  that  the  cost  of any such test shall be paid by the
31    county and may  be  taxed  as  costs  against  the  convicted
32    defendant.
33        (g-5)  When   an   inmate   is  tested  for  an  airborne
34    communicable  disease,  as   determined   by   the   Illinois
 
                            -14-               LRB9204798RCcd
 1    Department  of  Public  Health  including  but not limited to
 2    tuberculosis, the results of the  test  shall  be  personally
 3    delivered  by  the  warden or his or her designee in a sealed
 4    envelope to the judge of the court in which the  inmate  must
 5    appear  for  the judge's inspection in camera if requested by
 6    the judge.  Acting in accordance with the best  interests  of
 7    those  in  the courtroom, the judge shall have the discretion
 8    to determine what if any precautions  need  to  be  taken  to
 9    prevent transmission of the disease in the courtroom.
10        (h)  Whenever  a  defendant  is  convicted  of an offense
11    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
12    Act, the defendant shall undergo medical testing to determine
13    whether   the   defendant   has   been   exposed   to   human
14    immunodeficiency   virus   (HIV)   or  any  other  identified
15    causative agent of acquired immunodeficiency syndrome (AIDS).
16    Except as otherwise provided by law, the results of such test
17    shall be kept strictly confidential by all medical  personnel
18    involved in the testing and must be personally delivered in a
19    sealed  envelope  to  the  judge  of  the  court in which the
20    conviction was entered for the judge's inspection in  camera.
21    Acting  in  accordance with the best interests of the public,
22    the judge shall have the discretion to determine to whom,  if
23    anyone, the results of the testing may be revealed. The court
24    shall  notify  the  defendant  of  a positive test showing an
25    infection with the human immunodeficiency  virus  (HIV).  The
26    court  shall  provide  information on the availability of HIV
27    testing  and  counseling  at  Department  of  Public   Health
28    facilities  to all parties to whom the results of the testing
29    are revealed and shall direct the State's Attorney to provide
30    the information  to  the  victim  when  possible.  A  State's
31    Attorney  may petition the court to obtain the results of any
32    HIV test administered under  this   Section,  and  the  court
33    shall  grant  the disclosure if the State's Attorney shows it
34    is relevant in  order  to  prosecute  a  charge  of  criminal
 
                            -15-               LRB9204798RCcd
 1    transmission  of  HIV  under  Section 12-16.2 of the Criminal
 2    Code of 1961 against the defendant.  The  court  shall  order
 3    that  the  cost  of any such test shall be paid by the county
 4    and may be taxed as costs against the convicted defendant.
 5        (i)  All fines and penalties imposed under  this  Section
 6    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
 7    Vehicle  Code,  or  a similar provision of a local ordinance,
 8    and any violation of the Child Passenger Protection Act, or a
 9    similar provision of a local ordinance,  shall  be  collected
10    and  disbursed by the circuit clerk as provided under Section
11    27.5 of the Clerks of Courts Act.
12        (j)  In cases  when  prosecution  for  any  violation  of
13    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
14    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
15    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
16    12-16 of the Criminal Code of  1961,  any  violation  of  the
17    Illinois  Controlled  Substances Act, or any violation of the
18    Cannabis Control Act results in conviction, a disposition  of
19    court  supervision,  or  an  order of probation granted under
20    Section 10 of the Cannabis Control Act or Section 410 of  the
21    Illinois  Controlled  Substance Act of a defendant, the court
22    shall determine  whether  the  defendant  is  employed  by  a
23    facility  or  center  as  defined under the Child Care Act of
24    1969, a public or private elementary or secondary school,  or
25    otherwise  works  with  children  under  18 years of age on a
26    daily basis.  When a defendant  is  so  employed,  the  court
27    shall  order  the  Clerk  of  the Court to send a copy of the
28    judgment of conviction or order of supervision  or  probation
29    to  the  defendant's  employer  by  certified  mail.  If  the
30    employer of the defendant is a school, the Clerk of the Court
31    shall  direct  the  mailing  of  a  copy  of  the judgment of
32    conviction or  order  of  supervision  or  probation  to  the
33    appropriate regional superintendent of schools.  The regional
34    superintendent  of  schools  shall  notify the State Board of
 
                            -16-               LRB9204798RCcd
 1    Education of any notification under this subsection.
 2        (j-5)  A defendant at  least  17  years  of  age  who  is
 3    convicted  of  a  felony  and  who  has  not  been previously
 4    convicted of a misdemeanor or felony and who is sentenced  to
 5    a   term  of  imprisonment  in  the  Illinois  Department  of
 6    Corrections shall as a condition of his or  her  sentence  be
 7    required  by the court to attend educational courses designed
 8    to prepare the defendant for a high  school  diploma  and  to
 9    work  toward  a high school diploma or to work toward passing
10    the high school level Test of General Educational Development
11    (GED) or to work  toward  completing  a  vocational  training
12    program  offered  by  the  Department  of  Corrections.  If a
13    defendant fails to complete the educational training required
14    by his or her sentence during the term of incarceration,  the
15    Prisoner  Review  Board  shall,  as  a condition of mandatory
16    supervised release, require the defendant, at his or her  own
17    expense,  to  pursue  a  course of study toward a high school
18    diploma or passage of the  GED  test.   The  Prisoner  Review
19    Board  shall  revoke  the  mandatory  supervised release of a
20    defendant who wilfully fails to comply with  this  subsection
21    (j-5)  upon  his  or  her release from confinement in a penal
22    institution while  serving  a  mandatory  supervised  release
23    term;  however, the inability of the defendant after making a
24    good faith effort to obtain financial  aid  or  pay  for  the
25    educational  training shall not be deemed a wilful failure to
26    comply.   The  Prisoner  Review  Board  shall  recommit   the
27    defendant  whose  mandatory  supervised release term has been
28    revoked under this subsection (j-5) as  provided  in  Section
29    3-3-9.   This  subsection (j-5) does not apply to a defendant
30    who has a high school diploma or has successfully passed  the
31    GED test. This subsection (j-5) does not apply to a defendant
32    who is determined by the court to be developmentally disabled
33    or otherwise mentally incapable of completing the educational
34    or vocational program.
 
                            -17-               LRB9204798RCcd
 1        (k)  A court may not impose a sentence or disposition for
 2    a  felony  or  misdemeanor  that requires the defendant to be
 3    implanted or injected with  or  to  use  any  form  of  birth
 4    control.
 5        (l) (A)  Except   as   provided   in   paragraph  (C)  of
 6        subsection (l), whenever a defendant, who is an alien  as
 7        defined  by  the  Immigration  and  Nationality  Act,  is
 8        convicted of any felony or misdemeanor offense, the court
 9        after  sentencing  the  defendant may, upon motion of the
10        State's Attorney, hold sentence in  abeyance  and  remand
11        the  defendant  to the custody of the Attorney General of
12        the United States or his or her designated  agent  to  be
13        deported 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             Otherwise,  the  defendant  shall  be  sentenced  as
22        provided in this Chapter V.
23             (B)  If the defendant has already been sentenced for
24        a  felony  or  misdemeanor offense, or has been placed on
25        probation under Section 10 of the Cannabis Control Act or
26        Section 410 of the Illinois  Controlled  Substances  Act,
27        the  court  may,  upon  motion of the State's Attorney to
28        suspend the sentence imposed, commit the defendant to the
29        custody of the Attorney General of the United  States  or
30        his or her designated agent 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
 
                            -18-               LRB9204798RCcd
 1             deprecate the seriousness of the defendant's conduct
 2             and would not  be  inconsistent  with  the  ends  of
 3             justice.
 4             (C)  This subsection (l) does not apply to offenders
 5        who  are  subject  to  the provisions of paragraph (2) of
 6        subsection (a) of Section 3-6-3.
 7             (D)  Upon motion  of  the  State's  Attorney,  if  a
 8        defendant  sentenced  under  this  Section returns to the
 9        jurisdiction of the United States, the defendant shall be
10        recommitted to the custody of the county from which he or
11        she was sentenced. Thereafter,  the  defendant  shall  be
12        brought before the sentencing court, which may impose any
13        sentence  that  was  available under Section 5-5-3 at the
14        time of initial sentencing.  In addition,  the  defendant
15        shall  not be eligible for additional good conduct credit
16        for meritorious service as provided under Section 3-6-6.
17        (m)  A  person  convicted  of  criminal   defacement   of
18    property  under  Section 21-1.3 of the Criminal Code of 1961,
19    in which the property damage exceeds $300  and  the  property
20    damaged  is  a  school  building, shall be ordered to perform
21    community service  that  may  include  cleanup,  removal,  or
22    painting over the defacement.
23    (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
24    eff.  1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff. 8-14-98;
25    91-357, eff.  7-29-99;  91-404,  eff.  1-1-00;  91-663,  eff.
26    12-22-99; 91-695, eff. 4-13-00.)

27        (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
28        Sec. 5-5-3.2.  Factors in Aggravation.
29        (a)  The  following  factors  shall be accorded weight in
30    favor of imposing a term of imprisonment or may be considered
31    by the court as reasons to  impose  a  more  severe  sentence
32    under Section 5-8-1:
33             (1)  the  defendant's  conduct  caused or threatened
 
                            -19-               LRB9204798RCcd
 1        serious harm;
 2             (2)  the   defendant   received   compensation   for
 3        committing the offense;
 4             (3)  the  defendant   has   a   history   of   prior
 5        delinquency or criminal activity;
 6             (4)  the  defendant,  by the duties of his office or
 7        by his position, was obliged to  prevent  the  particular
 8        offense committed or to bring the offenders committing it
 9        to justice;
10             (5)  the defendant held public office at the time of
11        the  offense,  and  the offense related to the conduct of
12        that office;
13             (6)  the   defendant   utilized   his   professional
14        reputation or position in the  community  to  commit  the
15        offense,  or  to afford him an easier means of committing
16        it;
17             (7)  the sentence is necessary to deter others  from
18        committing the same crime;
19             (8)  the  defendant  committed the offense against a
20        person  60  years  of  age  or  older  or  such  person's
21        property;
22             (9)  the defendant committed the offense  against  a
23        person  who  is  physically  handicapped or such person's
24        property;
25             (10)  (blank); by  reason  of  another  individual's
26        actual   or   perceived  race,  color,  creed,  religion,
27        ancestry, gender, sexual orientation, physical or  mental
28        disability,  or  national origin, the defendant committed
29        the offense against (i) the person or  property  of  that
30        individual;  (ii)  the person or property of a person who
31        has  an  association  with,  is  married  to,  or  has  a
32        friendship with the other individual; or (iii) the person
33        or property of a relative (by blood  or  marriage)  of  a
34        person described in clause (i) or (ii).  For the purposes
 
                            -20-               LRB9204798RCcd
 1        of    this    Section,    "sexual    orientation"   means
 2        heterosexuality, homosexuality, or bisexuality;
 3             (11)  the offense took place in a place  of  worship
 4        or  on  the  grounds  of  a place of worship, immediately
 5        prior  to,  during  or  immediately   following   worship
 6        services.   For  purposes of this subparagraph, "place of
 7        worship"  shall  mean  any  church,  synagogue  or  other
 8        building, structure or place used primarily for religious
 9        worship;
10             (12)  the  defendant  was  convicted  of  a   felony
11        committed  while  he  was  released  on  bail  or his own
12        recognizance pending trial for a  prior  felony  and  was
13        convicted  of  such  prior  felony,  or the defendant was
14        convicted of a felony committed while he  was  serving  a
15        period  of probation, conditional discharge, or mandatory
16        supervised release under subsection (d) of Section  5-8-1
17        for a prior felony;
18             (13)  the defendant committed or attempted to commit
19        a  felony  while  he was wearing a bulletproof vest.  For
20        the purposes of this paragraph (13), a  bulletproof  vest
21        is  any  device  which  is  designed  for  the purpose of
22        protecting the wearer from bullets, shot or other  lethal
23        projectiles;
24             (14)  the  defendant  held  a  position  of trust or
25        supervision such as, but not limited to, family member as
26        defined in Section 12-12 of the Criminal  Code  of  1961,
27        teacher,  scout  leader, baby sitter, or day care worker,
28        in relation to a victim under 18 years of  age,  and  the
29        defendant  committed  an  offense in violation of Section
30        11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,  11-20.1,  12-13,
31        12-14,  12-14.1,  12-15  or 12-16 of the Criminal Code of
32        1961 against that victim;
33             (15)  the defendant committed an offense related  to
34        the activities of an organized gang.  For the purposes of
 
                            -21-               LRB9204798RCcd
 1        this factor, "organized gang" has the meaning ascribed to
 2        it  in  Section  10  of  the Streetgang Terrorism Omnibus
 3        Prevention Act;
 4             (16)  the  defendant   committed   an   offense   in
 5        violation  of  one  of  the following Sections while in a
 6        school, regardless of the time of day or time of year; on
 7        any conveyance owned, leased, or contracted by  a  school
 8        to  transport  students  to  or  from  school or a school
 9        related activity; on the real property of a school; or on
10        a public way within  1,000  feet  of  the  real  property
11        comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
12        11-17.1,  11-18.1, 11-19.1, 11-19.2,  12-2, 12-4, 12-4.1,
13        12-4.2, 12-4.3, 12-6,  12-6.1,   12-13,  12-14,  12-14.1,
14        12-15,  12-16,   18-2,  or  33A-2 of the Criminal Code of
15        1961;
16             (16.5)  the  defendant  committed  an   offense   in
17        violation of one of the following Sections while in a day
18        care  center,  regardless  of  the time of day or time of
19        year;  on  the  real  property  of  a  day  care  center,
20        regardless of the time of day or time of year;  or  on  a
21        public  way  within  1,000  feet  of  the  real  property
22        comprising any day care center, regardless of the time of
23        day  or time of year:  Section 10-1, 10-2, 10-5, 11-15.1,
24        11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2,  12-4,  12-4.1,
25        12-4.2,  12-4.3,  12-6,  12-6.1,  12-13,  12-14, 12-14.1,
26        12-15, 12-16, 18-2, or 33A-2  of  the  Criminal  Code  of
27        1961;
28             (17)  the  defendant committed the offense by reason
29        of  any  person's  activity  as  a   community   policing
30        volunteer  or  to  prevent  any  person  from engaging in
31        activity as a  community  policing  volunteer.   For  the
32        purpose  of  this Section, "community policing volunteer"
33        has the meaning ascribed to it in Section  2-3.5  of  the
34        Criminal Code of 1961;
 
                            -22-               LRB9204798RCcd
 1             (18)  the  defendant  committed  the  offense  in  a
 2        nursing home or on the real property comprising a nursing
 3        home.   For the purposes of this paragraph (18), "nursing
 4        home" means a skilled nursing or intermediate  long  term
 5        care  facility that is subject to license by the Illinois
 6        Department of Public Health under the Nursing  Home  Care
 7        Act; or
 8             (19)  the defendant was a federally licensed firearm
 9        dealer  and  was  previously  convicted of a violation of
10        subsection  (a)  of  Section  3  of  the  Firearm  Owners
11        Identification Card Act and has now  committed  either  a
12        felony  violation  of  the  Firearm Owners Identification
13        Card Act or an act of armed violence while armed  with  a
14        firearm.
15        For the purposes of this Section:
16        "School"  is defined as a public or private elementary or
17    secondary school, community college, college, or university.
18        "Day  care  center"  means  a  public  or  private  State
19    certified and licensed day care center as defined in  Section
20    2.09  of  the  Child Care Act of 1969 that displays a sign in
21    plain view stating that the property is a day care center.
22        (b)  The following factors may be considered by the court
23    as reasons to impose an extended term sentence under  Section
24    5-8-2 upon any offender:
25             (1)  When  a  defendant  is convicted of any felony,
26        after having been previously convicted in Illinois or any
27        other jurisdiction of the same or similar class felony or
28        greater class felony, when such conviction  has  occurred
29        within  10 years after the previous conviction, excluding
30        time spent in custody, and such  charges  are  separately
31        brought  and  tried  and arise out of different series of
32        acts; or
33             (2)  When a defendant is convicted of any felony and
34        the court finds  that  the  offense  was  accompanied  by
 
                            -23-               LRB9204798RCcd
 1        exceptionally  brutal  or  heinous behavior indicative of
 2        wanton cruelty; or
 3             (3)  When a  defendant  is  convicted  of  voluntary
 4        manslaughter,    second    degree   murder,   involuntary
 5        manslaughter or reckless homicide in which the  defendant
 6        has  been convicted of causing the death of more than one
 7        individual; or
 8             (4)  When a defendant is  convicted  of  any  felony
 9        committed against:
10                  (i)  a person under 12 years of age at the time
11             of the offense or such person's property;
12                  (ii)  a  person 60 years of age or older at the
13             time of the offense or such person's property; or
14                  (iii)  a person physically handicapped  at  the
15             time of the offense or such person's property; or
16             (5)  In   the  case  of  a  defendant  convicted  of
17        aggravated criminal sexual  assault  or  criminal  sexual
18        assault,  when  the  court finds that aggravated criminal
19        sexual  assault  or  criminal  sexual  assault  was  also
20        committed on  the  same  victim  by  one  or  more  other
21        individuals,  and  the defendant voluntarily participated
22        in the crime with the knowledge of the  participation  of
23        the  others in the crime, and the commission of the crime
24        was part of a single course of conduct during which there
25        was no substantial change in the nature of  the  criminal
26        objective; or
27             (6)  When a defendant is convicted of any felony and
28        the  offense  involved  any  of  the  following  types of
29        specific misconduct committed  as  part  of  a  ceremony,
30        rite,  initiation,  observance,  performance, practice or
31        activity  of  any   actual   or   ostensible   religious,
32        fraternal, or social group:
33                  (i)  the  brutalizing or torturing of humans or
34             animals;
 
                            -24-               LRB9204798RCcd
 1                  (ii)  the theft of human corpses;
 2                  (iii)  the kidnapping of humans;
 3                  (iv)  the   desecration   of   any    cemetery,
 4             religious,    fraternal,   business,   governmental,
 5             educational, or other building or property; or
 6                  (v)  ritualized abuse of a child; or
 7             (7)  When a defendant is convicted of  first  degree
 8        murder,   after   having  been  previously  convicted  in
 9        Illinois of any offense listed under paragraph (c)(2)  of
10        Section  5-5-3,  when such conviction has occurred within
11        10 years after the previous  conviction,  excluding  time
12        spent in custody, and such charges are separately brought
13        and tried and arise out of different series of acts; or
14             (8)  When a defendant is convicted of a felony other
15        than  conspiracy  and the court finds that the felony was
16        committed under an agreement with 2 or more other persons
17        to commit that offense and the defendant, with respect to
18        the other individuals, occupied a position of  organizer,
19        supervisor,   financier,   or   any   other  position  of
20        management or leadership, and  the  court  further  finds
21        that   the   felony   committed  was  related  to  or  in
22        furtherance of the criminal activities  of  an  organized
23        gang or was motivated by the defendant's leadership in an
24        organized gang; or
25             (9)  When  a  defendant  is  convicted  of  a felony
26        violation of Section 24-1 of the Criminal  Code  of  1961
27        and  the court finds that the defendant is a member of an
28        organized gang; or
29             (10)  When a defendant committed the offense using a
30        firearm with a laser sight attached to it.  For  purposes
31        of  this  paragraph  (10),  "laser sight" has the meaning
32        ascribed to it in Section 24.6-5 of the Criminal Code  of
33        1961; or
34             (11)  When  a defendant who was at least 17 years of
 
                            -25-               LRB9204798RCcd
 1        age at the time of  the  commission  of  the  offense  is
 2        convicted of a felony and has been previously adjudicated
 3        a  delinquent  minor under the Juvenile Court Act of 1987
 4        for an act that if committed by an adult would be a Class
 5        X or Class 1 felony  when  the  conviction  has  occurred
 6        within   10   years   after  the  previous  adjudication,
 7        excluding time spent in custody; or .
 8             (12)  When a defendant is convicted  of  any  felony
 9        other  than hate crime or institutional vandalism and the
10        court finds that the defendant committed the  offense  by
11        reason  of  the  actual  or perceived race, color, creed,
12        religion, ancestry, gender, sexual orientation,  physical
13        or  mental  disability,  or  national  origin  of another
14        individual or group of individuals and regardless of  the
15        existence of any other motivating factor or factors.  For
16        purposes  of  this  paragraph  (12), "sexual orientation"
17        means heterosexuality, homosexuality, or bisexuality.
18        (b-1)  For the purposes of this Section, "organized gang"
19    has the meaning ascribed to it in Section 10 of the  Illinois
20    Streetgang Terrorism Omnibus Prevention Act.
21        (c)  The court may impose an extended term sentence under
22    Section   5-8-2  upon  any  offender  who  was  convicted  of
23    aggravated criminal  sexual  assault  or  predatory  criminal
24    sexual  assault of a child under subsection (a)(1) of Section
25    12-14.1 of the Criminal Code of 1961  where  the  victim  was
26    under  18  years  of age at the time of the commission of the
27    offense.
28        (d)  The court may impose an extended term sentence under
29    Section 5-8-2 upon any offender who was convicted of unlawful
30    use of weapons under Section 24-1 of  the  Criminal  Code  of
31    1961   for   possessing   a   weapon   that  is  not  readily
32    distinguishable as one of the weapons enumerated  in  Section
33    24-1 of the Criminal Code of 1961.
34    (Source:  P.A.  90-14,  eff.  7-1-97;  90-651,  eff.  1-1-99;
 
                            -26-               LRB9204798RCcd
 1    90-686,  eff.  1-1-99;  91-119,  eff.  1-1-00;  91-120,  eff.
 2    7-15-99;  91-252,  eff.  1-1-00; 91-267, eff. 1-1-00; 91-268,
 3    eff. 1-1-00;  91-357,  eff.  7-29-99;  91-437,  eff.  1-1-00;
 4    91-696, eff. 4-13-00.)

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